Public Safety, Criminal Investigations and Technical Services, Criminal Identification

Section R722-300-3

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 34222
Filed: 11/08/2010 12:48:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to remove Subsection R722-300-3(l) from the effective rule and add a reference to Section 41-6a-526 to Subsection R722-300-3(m).

Summary of the rule or change:

The reason for this amendment is that the term "unlawful sexual conduct" is not used in the statute and the inclusion of this definition in the rule seems to be an oversight. The second amendment would add a reference to Section 41-6a-526 to Subsection R722-300-3(2)(m), thereby including the offense of "open container" as an offense involving the use of alcohol.

State statutory or constitutional authorization for this rule:

• Sections 53-5-701 through 53-5-711

Anticipated cost or savings to:

the state budget:

No aggregate anticipated cost or savings to the state budget. The deletion of Subsection R722-300-3(2)(l) and the addition of a reference to Section 41-6a-526 to Subsection R722-300(2)(m) will not cause any cost or savings. The removal of Subsection R722-300-3(l) will not change the process our office follows to issue a permit.

local governments:

No aggregate anticipated cost or savings to local government. The deletion of Subsection R722-300-3(2)(l) and the addition of a reference to Section 41-6a-526 to Subsection R722-300(2)(m) will not cause any cost or savings. Local governments are not involved in the evaluation of permit applications or the issuance of permits.

small businesses:

No aggregate anticipated cost or savings to small business. The deletion of Subsection R722-300-3(2)(l) and the addition of a reference to Section 41-6a-526 to Subsection R722-300(2)(m) will not cause any cost or savings. Small businesses are not involved in the evaluation of permit applications or the issuance of permits.

persons other than small businesses, businesses, or local governmental entities:

No aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The deletion of Subsection R722-300-3(2)(l) and the addition of a reference to Section 41-6a-526 to Subsection R722-300(2)(m) will not cause any cost or savings. Persons other than small businesses, businesses, or local government entities are not involved in the evaluation of permit applications or the issuance of permits.

Compliance costs for affected persons:

No compliance costs. The deletion and the addition to this rule will not create any anticipated compliance costs. Because the removal of Subsection R722-300-3(l) will not change the process our office follows to issue a permit there will be no compliance costs for the state budget. Because of local government, small businesses, and persons other than small businesses, businesses, or local government entities above are not involved in the evaluation of permit applications or the issuance of permits, there will be no compliance costs associated with this change.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact to business if this rule is changed.

D Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Criminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118

Direct questions regarding this rule to:

• Alice Moffat at the above address, by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/31/2010

This rule may become effective on:

01/07/2011

Authorized by:

Alice Moffat, Bureau Chief

R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification.

R722-300. Concealed Firearm Permit and Instructor Rule.

R722-300-3. Definitions.

(1) Terms used in this rule are defined in Sections 53-5-702, 53-5-711, 76-10-501.

(2) In addition:

(a) "applicant" means an individual seeking to obtain or renew a permit, a temporary permit, an instructor certification, or a LEOJ permit from the bureau;

(b) "certified firearms instructor" means an individual certified by the bureau pursuant to Section 53-5-704(8) who can certify that an applicant meets the general firearm familiarity requirement under Section 53-5-704(7);

(c) " certified firearms instructor official seal" means a red, self-inking stamp containing the information required in Subsection 53-5-704(10)(a)(iii)(C) which meets the design requirements described on the bureau's website;

(d) "crime of violence" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States which has, as an element, the use, threatened use, or attempted use of physical force or a dangerous weapon;

(e) "felony" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States for which the penalty is a term of imprisonment in excess of one year;

(f) "FBI" means the Federal Bureau of Investigation;

(g) "instructor certification" means a concealed firearm instructor certification issued by the bureau pursuant to Section 53-5-704(8);

(h) "LEOJ permit" means a permit to carry a concealed firearm issued to a judge or law enforcement official by the bureau pursuant to 53-5-711;

(i) "NRA" means the National Rifle Association;

(j) "offense involving domestic violence" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving any of the conduct described in:

(i) Section 77-36-1; or

(ii) 18 U.S.C Section 921(a)(33);

(k) "offense involving moral turpitude" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving conduct which:

(i) is done knowingly contrary to justice, honesty, or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another's property;

[(l) "offense involving unlawful sexual conduct" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving any of the conduct described in:

(i) Title 76 Chapter 5, Part 4

(ii) Title 76 Chapter 7, Part 1;

(iii) Title 76 Chapter 9, Sections702, 702.5, and 702.7;

(iv) Title 76 Chapter 10, Part 12; or

(v) Title 76 Chapter 10, Part 13;

(m)](l) "offense involving the use of alcohol" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving any of the conduct described in:

(i) Section 32A-12-209;

(ii) Section 32A-12-220;

(iii) Section 41-6a-501(2) related to the use of alcohol;[ or]

(iv) Section 41-6a-526; or

[(iv)](v) Section 76-10-528 related to carrying a dangerous weapon while under the influence of alcohol;

[(n)](m) "offense involving the unlawful use of narcotics or controlled substances" means:

(i) any offense listed in Section 41-6a-501(2) involving the use of a controlled substance;

(ii) any offense involving the use or possession of any controlled substance found in Title 58, Chapters 37, 37a, or 37b; or

(iii) the crime of carrying a dangerous weapon while under the influence of a controlled substance pursuant to Section 76-10-528;

[(o)](n) "past pattern of behavior involving unlawful violence" means verifiable incidents, regardless of whether there has been an arrest or conviction, that would lead a reasonable person to believe that an individual has a violent nature and would be a danger to themselves or others, including an attempt or threat to commit suicide.

[(p)](o) "permit" means a permit to carry a concealed firearm issued by the bureau pursuant to Section 53-5-704;

[(q)](p) "POST" means the Utah Department of Public Safety, Division of Peace Officer Standards and Training;

[(r)](q) "revocation" means the permanent deprivation of a permit, instructor certification, or certificate of qualification. Revocation of a permit, instructor certification, or certificate of qualification does not preclude an individual from applying for a new permit, instructor certification, or certificate of qualification if the reason for revocation no longer exists;

[(s)](r) "suspension" means the temporary deprivation, for a specified period of time, of a permit, instructor certification, or certificate of qualification; and

[(t)](s) "temporary permit" means a temporary permit to carry a concealed firearm issued by the bureau pursuant to Section 53-5-705.

 

KEY: concealed firearm permit, concealed firearm permit instructor

Date of Enactment or Last Substantive Amendment: [October 22, 2010]2011

Authorizing, and Implemented or Interpreted Law: 53-5-701 through 53-5-711