Utah HB 418 - Background Checks

Utah HB 418

by Brian King (D)

LEAP Forward Position: Support


Transfer of firearm between unlicensed persons.

(1) Except as provided in Section 76-10-526 , a firearm may not be transferred between unlicensed persons unless a background check is completed on the transferee in compliance with this section.

(2) A transferor and a transferee shall request a federal firearms licensee conduct a background check prior to the transfer of a firearm.

(3) A federal firearms licensee may agree to conduct a criminal history background check to facilitate the transfer of a firearm between two unlicensed persons under the following conditions:

(a) the parties to the transfer shall appear together with the firearm at the federal firearms licensee’s place of business;

(b) the parties shall each complete, sign, and submit all federal and state forms necessary to process the background check and otherwise complete the transfer pursuant to this section;

(c) the federal firearms licensee shall indicate on the forms that the transfer is between unlicensed persons;

(d) the federal firearms licensee may charge a reasonable fee, which may include the fee in Subsection 76-10-526 (12), to facilitate the background check and transfer, and note the fee on the forms; and

(e) the federal firearms licensee shall process the transfer as though transferring the firearm from the licensee’s own inventory to the transferee, complying with all federal and state requirements, including record-keeping.

(4) A transferor may not transfer a firearm to a transferee if the results of the background check indicate that the transferee is prohibited from possessing or receiving a firearm under state or federal law. This section does not prevent the transferor from removing the firearm from the premises of the federal firearms licensee if the results of the background check indicate that the transferee is prohibited from possessing or receiving firearms or if the sale results in a delay as described in Subsection 76-10-526 (7)(d).