DAR File No. 44162
This notice was published in the November 15, 2019, issue (Vol. 2019, No. 22) of the Utah State Bulletin.
Public Safety, Criminal Investigations and Technical Services, Criminal Identification
Rule R722-380
Firearm Background Check Information
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 44162
Filed: 10/30/2019 09:45:41 AM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
This rule is authorized by Subsection 76-10-526(11), which requires the Division of Criminal Investigations and Technical Services (Division) to make rules to ensure the identity, confidentiality, and security of all records provided by the Bureau of Criminal Identification (Bureau) under this part are in conformance with the requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
There have been no written comments received during and since the last five-year of this rule.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule is required under Subsection 76-10-526(11), and is necessary in order to outline the process for completion of a background check for a firearm purchase or transfer, the circumstances under which an individual may appeal a decision made by the Bureau, the process for law enforcement to request a background check prior to the release of a firearm in their custody, and the process for a background check for registration or transfer of an National Firearms Act (NFA) firearm. Therefore, this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Public SafetyCriminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118
Direct questions regarding this rule to:
- Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov
- Nicole Borgeson at the above address, by phone at 801-281-5072, by FAX at , or by Internet E-mail at nshepherd@utah.gov
- Greg Willmore at the above address, by phone at 801-965-4533, by FAX at , or by Internet E-mail at gwillmor@utah.gov
Effective:
10/30/2019
Authorized by:
Greg Willmore, Division Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20191115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov; Nicole Borgeson at the above address, by phone at 801-281-5072, by FAX at , or by Internet E-mail at nshepherd@utah.gov; Greg Willmore at the above address, by phone at 801-965-4533, by FAX at , or by Internet E-mail at gwillmor@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.