Public Safety, Criminal Investigations and Technical Services, Criminal Identification

Rule R722-300

Concealed Firearm Permit and Instructor Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 35650
Filed: 01/11/2012 09:29:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to provide a description of the requirements for consideration of equivalency to the NRA or POST firearm instructor course.

Summary of the rule or change:

The change provides a description of the requirements for consideration of an Equivalent Standard to the NRA or POST firearm instructor course.

State statutory or constitutional authorization for this rule:

• Title 53, Chapter 5

Anticipated cost or savings to:

the state budget:

No aggregate anticipated costs or savings to the state budget. This rule amendment addresses the description of the requirements for consideration of an equivalent standard to the NRA or POST firearm instructor course. This amendment will not affect the state budget nor are there any anticipated costs or savings.

local governments:

No aggregate anticipated costs or savings to local government. This rule amendment addresses the description of the requirements for consideration of an equivalent standard to the NRA or POST firearm instructor rule. This amendment will not affect local government budgets nor are there any anticipated costs or savings.

small businesses:

No aggregate anticipated costs or savings to small businesses. This rule amendment addresses the description of the requirements for consideration of an equivalent standard to the NRA or POST firearm instructor course. This amendment will not affect small businesses budgets nor are there any anticipated costs or savings.

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

No aggregate anticipated costs or savings to persons other than small businesses, businesses, or local government entities. This rule amendment addresses the description of the requirements for consideration of an equivalent standard to the NRA or POST firearm instructor course. This amendment will not affect other persons' budgets nor are there any anticipated costs or savings.

Compliance costs for affected persons:

No compliance costs. As this amended rule addresses the description of the requirements for consideration of an equivalent standard to the NRA or POST firearm instructor course, there are not anticipated compliance costs for any of the persons addressed in the questions above.

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

This amended rule does not have any fiscal impact on businesses because it only describes the requirements to be considered as equivalent to the NRA or POST firearm instructor course.

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 aerickso@utah.gov

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:

03/02/2012

This rule may become effective on:

03/09/2012

Authorized by:

Alice Moffat, Bureau Chief

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

R722-300. Concealed Firearm Permit and Instructor Rule.

R722-300-5. Application for a Concealed Firearms Instructor Certification.

(1)(a) An applicant seeking to be certified as a Utah concealed firearms instructor must submit a completed instructor certification application packet to the bureau.

(b) The instructor certification application packet shall include:

(i) a written instructor certification application form provided by the bureau;

(ii) a photocopy of a state-issued driver license or identification card;

(iii) one recent color photograph of passport quality which contains the applicant's name written on the back of the photograph;

(iv) a non-refundable processing fee of $50.00, in the form of cash, check, money order, or credit card;

(v) evidence that the applicant has completed a firearm instructor training course from the NRA or POST, or received training equivalent to one of these courses,as required by Subsection 53-5-704(9)(a)(iii); and

(vi) evidence that the applicant has completed the course of instruction provided under the direction of the bureau and passed the certification test provided in Subsection 53-5-704(9)(c), within one year of the date of the application.

(2)(a) An applicant who has not completed a firearm instructor training course from the NRA or POST, may meet the requirement in R722-300-5(1)(b)(v) by providing evidence that the applicant has completed a firearm instructor training course that is at least eight (8) hours long and includes the following training components:

(i) instruction and demonstration on:

(A) the safe, effective, and proficient use and handling of firearms;

(B) firearm draw strokes;

(C) the safe loading, unloading and storage of firearms;

(D) the parts and operation of a handgun;

(E) firearm ammunition and ammunition malfunctions, including misfires, hang fires, squib loads, and defensive/protection ammunition vs. practice ammunition;

(F) firearm malfunctions, including failure to fire, failure to eject, feed way stoppage and failure to go into battery;

(G) shooting fundamentals, including shooter's stance, etc.; and

(H) firearm range safety rules; and

(ii) a practical exercise with a proficiency qualification course consisting of not less than 30 rounds and a required score of 80% or greater to pass.

(b) The evidence required in R722-300-5(2)(a) shall include a copy of the:

(i) course completion certificate showing the date the course was completed and the number of training hours completed; and

(ii) training curriculum for the course completed.

[(2)](3)(a) If the bureau determines that an applicant meets the requirements found in Subsection 53-5-704(9), the bureau shall issue an instructor certification to the applicant.

(b) An instructor certification identification card shall be mailed to the applicant at the address listed on the application.

[(3)](4)(a) If the bureau determines that the applicant does not meet the requirements found in Subsection 53-5-704(9), the bureau shall mail a denial letter to the applicant, return receipt requested.

(b) The denial letter shall state the reasons for denial and indicate that the applicant has a right to request a review hearing before the board by filing a petition for review within 60 days as provided in Section 53-5-704(16).

 

KEY: concealed firearm permit, concealed firearm permit instructor

Date of Enactment or Last Substantive Amendment: [June 7, 2011]2012

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