The Second Amendment In Utah

The Second Amendment In Utah

Utah allows for open carry of unloaded firearms without a concealed firearm permit. “Unloaded” as it applies here, means that there is no round in the firing position (or chamber), and the firearm is at least two “mechanical actions” from firing. As carrying the firearm with the chamber empty, but with a full magazine, meets this definition (the handler must chamber a round, and then pull the trigger), this is a common work around for Utah residents who do not wish to acquire a permit. Without the permit, the firearm must be clearly visible. Utah requires a permit to carry a concealed firearm. With a permit, a person may carry a firearm with a loaded chamber either openly or concealed.

Utah will honor a permit issued by any state or county. Utah does not require concealed carry permit holders to notify police officers of their permit or possession of firearms when stopped by police officers, but the state Bureau of Criminal Identification recommends doing so “for the safety of all involved” and to give the officer “some assurance they are most likely dealing with a law abiding citizen.” Utah law allows for a “Non-Resident” Concealed Firearm Permits to be issued. The Utah Concealed Firearm Permit is valid in thirty-four states across the US. However there are several states that have passed statutes that do not honor a “Non-Resident” permit. For example, Colorado will honor Utah’s permit, but the permittee must be a resident of Utah for his permit to be valid. Utah concealed firearm permits are “shall issue” and will be issued to anyone meeting the requirements. Utah is a “Castle Doctrine” state, in which there is no duty to retreat before use of deadly force, if the person reasonably believes that a perpetrator is going to commit a forcible felony in the habitation, and that the force is necessary to prevent the commission of the felony. Since burglary is itself a forcible felony, it is legal to use deadly force to stop a burglar. In Utah a person may carry firearms in some places not allowed by some other states, including banks, bars, public universities, and state parks. With a permit, you may also carry in schools (K-12). Utah’s Uniform Firearm Laws expressly prohibits public schools from enacting or enforcing any rule pertaining to firearms. Utah requires public schools to allow lawful firearms possession. Online classified websites are a common meeting place for buyers and sellers. One highly utilized internet site was the classified advertising section of news station KSL-TV. However, after the Sandy Hook Elementary School shooting in December 2012, KSL temporarily disallowed sales or advertising of firearms. KSL has yet to rescind their stance.

Prohibited persons

There are two categories of persons who may not possess firearms or dangerous weapons under Utah law. Penalties for weapons possession by category I restricted persons are more severe than the penalties for possession by category II restricted persons.

Category I covers persons who have “been convicted of any violent felony” or are “on probation or parole for any felony” or have been “within the last 10 years an adjudicated delinquent for an offense which if committed by an adult would have been a violent felony”. Under Utah law, “A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under his custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under his custody or control any firearm is guilty of a second degree felony.”

Category II covers persons who have “been convicted of or are under indictment for any felony” or have “within the last seven years been an adjudicated delinquent for an offense which if committed by an adult would have been a felony” or are “an unlawful user of a controlled substance” or have “been found not guilty by reason of insanity for a felony offense” or have “been found mentally incompetent to stand trial for a felony offense” or have “been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act” or are “an alien who is illegally or unlawfully in the United States” or have “has been dishonorably discharged from the armed forces” or have “renounced his citizenship after having been a citizen of the United States”. A Category II restricted person who purchases, transfers, possesses, uses, or has under his custody or control any firearm is guilty of a third degree felony under Utah law.

NFA firearms

Under Utah state law, “Any person who transfers in violation of applicable state or federal law a sawed-off rifle, sawed-off shotgun, or fully automatic weapon to a minor is guilty of a third degree felony.”

Carrying Concealed Firearms

Utah is a shall issue state for permits for the concealed carry of firearms. Utah law states “The bureau shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application, unless the bureau finds proof that the applicant does not meet the qualifications set forth”. Permits are issued to both Utah residents and non residents. Applicants between 18 and 20 may obtain a provisional permit. Persons convicted of a felony, any crime of violence, any offense involving alcohol, any offense involving the unlawful use of narcotics or other controlled substances, any offense involving moral turpitude, any offense involving domestic violence, or persons found by any court to be mentally incompetent are automatically barred from being issued a permit. Any person barred by state or federal law from possessing a firearm may not be issued a permit. Additionally, “The bureau may deny, suspend, or revoke a concealed firearm permit if it has reasonable cause to believe that the applicant or permit holder has been or is a danger to self or others as demonstrated by evidence”.

Examples of such evidence include “past pattern of behavior involving unlawful violence or threats of unlawful violence” or “past participation in incidents involving unlawful violence or threats of unlawful violence”. In determining whether the applicant or permit holder has been or is a danger to self or others, the bureau may inspect expunged records of arrests and convictions of adults, and juvenile court records. However, Utah law also states that “The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons”. Permit holders may appeal a permit suspension, denial or revocation. Utah law states that “In the event of a denial, suspension, or revocation of a permit, the applicant or permit holder may file a petition for review with the board within 60 days from the date the denial, suspension, or revocation is received by the applicant or permit holder”.

Restrictions of Concealed Carry

Even with a carry permit, carrying a concealed firearm is not allowed in any church that notifies the State of Utah and makes public notice. A church must, by state law, make annual notice of this intent to prohibit firearms from their “houses of worship”.

Penalties for concealed carrying without permit

Carrying a concealed firearm without a permit is a class B misdemeanor if the firearm is unloaded (No round in the chamber), and is a class A misdemeanor if the firearm is loaded (Has a round in the chamber). A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a second degree felony under Utah law. If an unlawfully carried concealed firearm is used in the commission of a violent felony, and the person is a party to the offense, the person is guilty of a second degree felony.
Concealed Carry Permit Reciprocity
Utah recognizes any firearm carry permit issued by any state of the United States, or any political subdivision thereof. As of September 1, 2019 36 States recognize the Utah Permit (two of them require that the permit holder reside in Utah) and 14 States do not recognize the Utah Permit.
Concealed carry on private property
Any person eligible to possess a firearm may carry that firearm, either concealed or unconcealed, in their own home or property, or on any private property with the consent of the property owner. Utah law allows concealed firearm permit holders (CFP), including teachers with a CFP, to carry a concealed firearm on any public school premises.
Specific crimes with firearms
Carrying a firearm with the intent to unlawfully assault another is a class A misdemeanor under Utah law. Drawing or exhibiting a firearm in an angry and threatening manner, or unlawfully using a dangerous weapon in a fight or quarrel in the presence of two or more persons is a class A misdemeanor. This law does not apply when firearms are properly used in self-defense. Negligently discharging a firearm in a manner that disturbs the peace or could damage or harm public or private property is a class B misdemeanor. Discharging a firearm in a manner that significantly endangers any person, or discharging a firearm into any habitable structure is third degree felony. If bodily injury to any person results from such negligent discharge, the offense can be elevated/enhanced to a second or first degree felony, depending upon the severity of the bodily injury or harm caused by the negligent discharge. Any person who carries a firearm while under the influence of alcohol or a controlled substance is guilty of a class B misdemeanor.

Right to keep and bear arms in state constitution

Article I, Section 6, of the Constitution of the State of Utah provides that: “The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms.”

State Right to Bear Arms in Utah

Article I, § 6 of the Utah Constitution, as originally drafted (in effect from 1896 until 1984), provided: “The people have the right to bear arms for their security and defense, but the Legislature may regulate the exercise of this right by law.” The Supreme Court of Utah interpreted this language to allow the state legislature to regulate firearms extensively. Article I, § 6 was amended in 1984. It now states that “[t]he individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms.”

The Second Amendment Preservation Act is Constitutional

Representative Brian Greene, in an effort to support the individual right to keep and bear arms, has sponsored House Bill 114, titled the “Second Amendment Preservation Act.” This bill upholds both the U.S. and Utah Constitutions, each of which declare that this right “shall not be infringed.” HB114 simply strengthens state code to stipulate exactly how that such an infringement will be dealt with.

Specifically, the bill:

• affirms that it is the exclusive authority of the legislature to adopt and enact any and all laws, orders, rules, or regulations regarding the manufacture, transfer, possession, ownership, and use of firearms exclusively within Utah;

• provides that any federal action which purports to impose limitations on firearms contrary to the Second Amendment of the Constitution of the United States, or the Constitution or laws of the State of Utah, is unenforceable in Utah;

• creates a penalty for any enforcement of federal laws contrary to Utah laws or the United States or Utah Constitutions; and

• allows the attorney general to defend state officers, employees, and citizens prosecuted under certain federal laws.

Critics have pounced on this proposal, claiming that it is unconstitutional to pass a law in violation of a federal statute. For their support, they point to the legislative review note on HB114, authored by a staff attorney, which appears at first blush to substantiate their concerns. But this legislative note is incorrect and misleading, and therefore merits a response.

Does HB114 violate the Supremacy Clause?

Attorneys disagree all the time. It’s what they’re employed to do. Judges also disagree, often overturning lower judges’ decisions, or even reversing decisions made by judges in the same court. This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. Obviously, the language regarding treaties is not relevant to this issue. But leaving out the portion of the clause that specifies which federal laws are supreme is highly misleading to the legislators tasked with determining whether or not the pass the bill. In fact, the omitted portion of this clause is the very reason HB114 exists at all! Many believe that federal gun laws are not made “in pursuance of” the Constitution, and are therefore unconstitutional.

Therefore, state legislatures may interpose themselves between such unlawful mandates and their citizens to protect them from unconstitutional federal overreach. This is substantiated by a significant number of statements made in debates during the framing and ratification of the Constitution. The legislative attorney’s incorrect interpretation of the Supremacy Clause, which relies upon omitting three important words from the text of the Constitution, was something that was actually considered by the framers of the document. A small number of them proposed what would be known as the “Virginia Plan” for the Constitution, one of its primary parts being the authorization of veto power by the federal government over all state laws. That plan was not approved. The legislative note further argues that, “While this legislation limits itself to wholly intrastate conduct, it is not beyond the reach of Congress’s power under the Commerce Clause of the United States Constitution.” The reach of Congress’s power can only be justified to the extent that is based upon its constitutionally-delegated powers. The Commerce Clause states that, “[The Congress shall have Power] to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.”

So what does it mean to “regulate”?

Whether it means to micro-manage, as has recently been concluded in numerous Supreme Court cases, or to “make regular” (ensuring commerce flows freely), as some have argued, is ultimately irrelevant. This clause is restricted both by the prevailing colonial definition of “commerce,” which was mercantile trade and not anything indirectly connected to it, as well as being limited to commerce “among” (and not within) the several states. In other words, even if Congress had been constitutionally conferred the authority to prohibit or mandate certain forms of commerce (which is a highly contestable point), they could only do so when such commerce moved (or was clearly going to move) from one state to another. It is illogical to conclude that the framers of the Constitution generally consented to a national government which could regulate, mandate, or prohibit economic activity within a family or community or state. As the legislative note explains, however, there is “long-standing interpretation” by the Supreme Court which has allegedly authorized Congress to micro-manage any economic activity, whether it is interstate (“among the several States”) or intrastate (wholly within a single state). It is illegal in Utah for a person under the influence of alcohol or a controlled substance to carry a dangerous weapon. Unfortunately, this result criminalizes some legitimate situations in which a person should still retain the right to carry and use a firearm.

Second Amendment Lawyer Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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Correcting Errors In NICS Background Check

Correcting Errors In NICS Background Check

Utah state law does not restrict the use of official background checks for employment, housing, or loans. Utah follows the federal laws established through the Fair Credit Reporting Act, the Equal Employment Opportunity Commission, and the Federal Trade Commission. Utah is a ban the box state, but only for public employers. Private employers may request information about arrests and convictions provided they remain within the guidelines established by federal law.

Unofficial background checks can be useful for finding out about the character of Utah residents, but cannot be used for employment decisions, tenancy, or loans. Utah residents can get unofficial background checks by accessing law enforcement and court records on line or in person to find out about:
• Neighbors
• Friends
• Romantic interests
• Members of the Church
• Family
Utah Public Records Act and Laws for Background Check

Government Records Access and Management Act (GRAMA)

Utah’s public records act is called the Government Records Access and Management Act (GRAMA). many documents are public information in Utah, including conviction records, civil and criminal court cases, DUI convictions, and many other related documents. Utah makes all state and local government documents publicly accessible, which includes meeting minutes, decisions made by governing boards, and other processes through state agencies public information. Utah conducts background checks for state convictions through the Utah Department of Public Safety. Official background checks in Utah follow the federal guidelines established by the FCRA and EEOC. Additional restrictions on who may access data and how the data can be used are included in state law, but largely allow most private employers to use criminal background checks for hiring purposes.

Can you get a Free Background Report in Utah?

Official state background checks are not free in Utah. Utah uses both name-based and fingerprint-based background checks, depending on specific circumstances.

Individuals seeking background information for unofficial purposes can access records in person at local courts, or can access documents online through Utah’s public fee-based portal. Utah restricts the access of background checks through the Bureau of Criminal Information. under state law in Utah, an employer may not directly request a background check on an individual. Rather, the individual is required to obtain a background check on themselves and submit the results to the employer. This procedure can be accomplished through the BCI website.

Utah Data Repository

Individual courts and state agencies are responsible for maintaining public document records in Utah. Court cases more than 50 years old are retained in the Archived Court Record. Records are available in person or by online or mail-in request. Utah restricts the types of jobs that require a background check. In most cases, an employer in Utah can request that an applicant submit a records check for criminal conduct, but must ensure that convictions would prevent the employee from safely or legally performing the job.

Under the Utah Selection Procedures Act, employers are prevented from inquiring about social security numbers, driver’s license information, or date of birth in almost all cases.

• Childcare – Utah requires any person involved in childcare, whether as an employee or a volunteer, to undergo both FBI and BCI background checks. BCI and FBI background checks may be provided directly to the employer. Unofficial background checks can be conducted in person at the relevant court or law enforcement station.

• Education – Applicants to positions that deal with education will be required to undergo a fingerprint-based background check. Background checks may be provided to the employer directly.

• Finance– Applicants and employees in the financial sector are required to undergo criminal background checks through the BCI and FBI using fingerprint-based inquiries. BCI and FBI may submit results directly to financial institutions.

Most private employers in Utah may not request a background check to be conducted on an individual through a third party or through official channels. Instead, employers must request that applicants generate background checks themselves and provide a sealed copy to the employer.

Firearm Background Checks Utah

Utah uses state and federal fingerprint-based background checks for all gun sales through licensed dealers. Utah does not have state laws requiring background checks at gun shows and does not prohibit private sales of firearms. A permit to conceal carry is required and necessitates an FBI and BCI background check.

Utah Gun Laws

Utah has fairly permissive laws related to firearms. The state does not impose a waiting period for either hand guns or long gun purchases by residents of the state. Utah prevents private sales to felons when the seller knows the individual is not allowed a firearm. The state of Utah does not require a permit for gun ownership or sales but does require a permit for concealed carry of weapons; there are some legal peculiarities about whether a weapon must be permitted if it is unloaded or more than two actions from being fired. Background checks may be made by law enforcement when applying for a concealed carry permit.

Utah Criminal Background Checks

Background checks for criminal history is a frequent benchmark for many sorts of applications, including those who seek to immigrate into the country, those who wish to adopt a child, those who want to join the service, those who are applying for a job, and those who wish to work with or volunteer in a place where children or the elderly are housed. Getting a copy of your criminal background record is helpful to understand what employers or recruiters will be looking at and to correct any errors or omissions (such as incomplete records).

DUI Penalties and Statistics in Utah

The strict religious people in the state of Utah support a new law that would elevate the state among the toughest in the nation on Driving Under the Influence (DUI). A new law set to begin in 2018 would lower the threshold for DUI from .08 to .05 blood alcohol content. A survey of state DUI laws showed Utah with the harshest “preventative” measures but not the toughest criminal penalties for DUI, landing it in 8th place overall. In 2014, Utah law enforcement made more than 10,000 arrests related to DUI, which was responsible for 29 percent of motor vehicle fatalities in 2015, costing more than $44 billion a year. Utah is known for its large Mormon (The Church of Jesus Christ of Latter-day Saints) population, which comprises more than half of the adults in the state. Mormons do not drink alcohol. Legislators are apparently making slight revisions to the law to loosen requirements on DUI when related to certain activities like hunting. The penalty for DUI in Utah is generally a misdemeanor (discounting any moving violations or other related crimes), including 48 hours in jail (mandatory), fines up to $1,800, required community service, prohibited from getting a concealed carry permit for firearms, and a 120-day license suspension. The charge rises to a felony on the third DUI arrest within 10 years.

Felony Sentences in Utah

Those who are convicted of felonies are generally penalized for life in the following ways: they are not allowed to own or possess firearms, they may not vote or run for public office, they may not join the armed services without a special waiver, and they are unlikely to be allowed to live in subsidized public housing. If there are felonies in your background, you may request to have them expunged or sealed by the state. The list on this page shows which felonies are eligible for expungement – generally none that are violent or recent.

What Criminal Background Report in Utah includes?

Most criminal records retained by the state of Utah will be included in a background check. Utah allows reporting of arrests, convictions, and sentencing.

Are Public Criminal Records included in a background check?

Virtually all records generated by a state agency or law enforcement department will be retained as public documents in Utah and can be accessed by the public in person or by paid request online or through the mail.

Which Court Records Are Public in Utah?

Claims, convictions, and sentencing reports make up the bulk of the public documents available through official background checks. Sealed and expunged records are not public. In most cases, arrests that do not result in a conviction will not be reported. Juvenile records will not be reported unless the individual was convicted of a serious crime and tried as an adult.

What arrest records would show in a background report?

Common documents that are included in official background checks can often be obtained by members of the public through unofficial channels, like visiting a courthouse in person and requesting documents.

• Warrants – Active warrants will be reported on official state background checks. Individuals can contact local law enforcement in Utah to unofficially determine a warrant status.

• Dui – DUI convictions will be reported by official background checks. In most cases, members of the public can find out if they have a conviction for DUI on their record by contacting the local Department of Motor Vehicles or local law enforcement.

• Drug / Marijuana – Marijuana is heavily regulated in Utah. Convictions for possession or sale will be reported on a criminal background check. Utah is a medical marijuana state. Convictions can be unofficially found through the Utah courts online, in person, or by mail.

• sex offender – Convictions for sex-based crimes will be reported on official background checks. Individuals can investigate whether a person is a registered sex offender through the sex offender registry.

• Parole/Probation – Convictions that result in sentencing of parole or probation will be reported on an official background check. Individuals can check for criminal convictions through the Utah Department of Corrections.

• Mugshots – Photos, including mugshots, that are included with a court file will be available through a background check. Some local jurisdictions will provide copies of mugshots on request.

• Juvenile – Some juvenile records may be accessible by state agencies, but typically will not be included in an official background check unless the individual was convicted of a crime as an adult.
What if the information is incorrect on a Utah background check?
Errors of information reported on official or unofficial background checks can be requested to be corrected through the Utah BCI.

Your firearms rights can be denied based upon certain convictions (especially domestic violence, felonies, and drug crimes), the existence of civil protection orders, and other incidents in your past. If you choose to ignore the firearms disability, you are risking criminal prosecution and up to ten years in prison. However, there are often legal processes in place to restore your lost gun rights. Please contact our lawyers if you have reason to believe that you are prohibited from possessing firearms, and are interested in regaining your Second Amendment rights.

You may be deemed to be under a federal firearm disability, and therefore barred from buying a firearm, if any of the following factors apply to you:
• Convictions in any court of a crime punishable by imprisonment for a term exceeding one year (Felonies)
• Fugitives from justice
• Unlawful users of or addicts to any controlled substances
• Those adjudicated as a mental defective or who have been committed to a mental institute
• One, being an alien, is illegally or unlawfully in the United States or have non-immigrant visas
• Dishonorable discharge from the Armed Forces
• One who has renounced their citizenship
• Subject to a protection order*
• Convicted of a misdemeanor crime of domestic violence

Protection orders include orders issued during court hearings. This includes agreed entries during a divorce or dissolution whereby an order is entered in the record for a party to refrain from harassing, stalking, or threatening, or other language that restrains one from conduct that would place an intimate partner or their child in reasonable fear of bodily harm. Any gun owner who has purchased a firearm from a licensed dealer is very familiar with the ATF form 4473 – the extensive background questionnaire that is required by federal law. Unfortunately, though the background check program is very good, it is not foolproof. If you have been improperly “denied,” or “delayed,” there are legal ways to find and correct errors in your NICS criminal record. Let us help you “clear your name” and resolve those problems.

There are many reasons why one’s criminal background check could have errors or omissions.

Correction of erroneous system information.

• An individual may request the reason for the denial from the agency that conducted the check of the NICS (the “denying agency,” which will be either the FBI or the state or local law enforcement agency serving as a POC). The FFL will provide to the denied individual the name and address of the denying agency and the unique transaction number (NTN or STN) associated with the NICS background check. The request for the reason for the denial must be made in writing to the denying agency. (POCs at their discretion may waive the requirement for a written request.)

• The denying agency will respond to the individual with the reasons for the denial within five business days of its receipt of the individual’s request. The response should indicate whether additional information or documents are required to support an appeal, such as fingerprints in appeals involving questions of identity (i.e., a claim that the record in question does not pertain to the individual who was denied).

• If the individual wishes to challenge the accuracy of the record upon which the denial is based, or if the individual wishes to assert that his or her rights to possess a firearm have been restored, he or she may make application first to the denying agency, i.e., either the FBI or the POC. If the denying agency is unable to resolve the appeal, the denying agency will so notify the individual and shall provide the name and address of the agency that originated the document containing the information upon which the denial was based. The individual may then apply for correction of the record directly to the agency from which it originated. If the record is corrected as a result of the appeal to the originating agency, the individual may so notify the denying agency, which will, in turn, verify the record correction with the originating agency (assuming the originating agency has not already notified the denying agency of the correction) and take all necessary steps to correct the record in the NICS.

• As an alternative to the above procedure where a POC was the denying agency, the individual may elect to direct his or her challenge to the accuracy of the record, in writing, to the FBI, NICS Operations Center, Criminal Justice Information Services Division, 1000 Custer Hollow Road, Module C-3, and Clarksburg, West Virginia 26306-0147. Upon receipt of the information, the FBI will investigate the matter by contacting the POC that denied the transaction or the data source. The FBI will request the POC or the data source to verify that the record in question pertains to the individual, who was denied, or to verify or correct the challenged record. The FBI will consider the information it receives from the individual and the response it receives from the POC or the data source. If the record is corrected as a result of the challenge, the FBI shall so notify the individual, correct the erroneous information in the NICS, and give notice of the error to any Federal department or agency or any state that was the source of such erroneous records.
• Upon receipt of notice of the correction of a contested record from the originating agency, the FBI or the agency that contributed the record shall correct the data in the NICS and the denying agency shall provide a written confirmation of the correction of the erroneous data to the individual for presentation to the FFL. If the appeal of a contested record is successful and thirty (30) days or less have transpired since the initial check, and there are no other disqualifying records upon which the denial was based, the NICS will communicate a “Proceed” response to the FFL. If the appeal is successful and more than thirty (30) days have transpired since the initial check, the FFL must recheck the NICS before allowing the sale to continue. In cases where multiple disqualifying records are the basis for the denial, the individual must pursue a correction for each record.

• An individual may also contest the accuracy or validity of a disqualifying record by bringing an action against the state or political subdivision responsible for providing the contested information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the contested information be corrected or that the firearm transfer be approved.
• An individual may provide written consent to the FBI to maintain information about himself or herself in a Voluntary Appeal File to be established by the FBI and checked by the NICS for the purpose of preventing the future erroneous denial or extended delay by the NICS of a firearm transfer. Such file shall be used only by the NICS for this purpose. The FBI shall remove all information in the Voluntary Appeal File pertaining to an individual upon receipt of a written request by that individual. However, the FBI may retain such information contained in the Voluntary Appeal File as long as needed to pursue cases of identified misuse of the system. If the FBI finds a disqualifying record on the individual after his or her entry into the Voluntary Appeal File, the FBI may remove the individual’s information from the file.

Firearms Attorney Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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