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Department of Public Safety Bureau of Criminal Identification Concealed Firearm Permit Instructor Course 2015
Course Overview Course Requirements Application (CFP & Instructors) Certification (CFP & Instructors) Official Seal Problem Areas Permit Flow Chart Statistics Reciprocity / Recognition Law Enforcement Contacts FAQ’s CFP Course Review General Familiarity Minimum Training Curriculum CFP Training Survey Background Checks Disqualifying Criteria Appeals Process Utah State Law Federal Firearms Regulations
Bureau Authority With regard to the concealed firearm and instructor programs, BCI has statutory authority to supervise and administer rules and laws that pertain to those programs. BCI does not have the statutory authority to turn away instructor applications or put a cap on the number of instructors. Any changes in the law, administrative rules, reciprocal agreements or changes in training requirements to include a practical shooting exercise would have to be accomplished through the legislature and/or the Utah Attorney General’s Office.
Uniform Law, Weapons Utah Code Ann. § 76 -10 -500 (2) This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.
Course Requirements Instructional Course and Test A concealed firearms instructor, in order to obtain initial certification or renew a certification, shall attend an instructional course and pass a test 535 -704 (8)(c). The course shall include instruction on: 53 -5 -704 (8)(c)(ii)(B) Current Utah law related to firearms Concealed carry statutes and rules The use of deadly force by private citizens
Instructor Application Requirements What must accompany the application BCI course certificate Proof of having completed a firearms instructor training course from the National Rifle Association (NRA), the Utah Department of Public Safety, Division of Peace Officer Standards and Training (P. O. S. T. ) or their equivalent (initial application only) One passport quality photo Photo copy of driver license Summary of instruction Minimum training curriculum Possess a Utah concealed firearm permit (initial application) One year deadline all instructor/permit applications must be submitted to BCI within one year of instructor/CFP course completion
Instructor Certification Renewal Period Instructor certification is valid for a three-year period from the issue date of each initial and renewal application. Fees Each applicant for certification shall pay a fee of $50. 00 The renewal fee for the certificate is $25. 00 Certifications expired by more than 30 days will incur a $7. 50 late fee. Applications received after one year of expiration must complete the full application process again.
Instructor Certification In addition to the instructor certificate issued by BCI, instructors are issued a “Utah Concealed Firearm Instructor’s” identification card
Utah Certified Instructor Logo Certified Instructor Not employed by BCI or the State of Utah
Instructor Seal Instructor’s Official Seal All instructors must obtain an official seal The seal shall be affixed to all certificates issued by the instructor The exact design of the seal is determined by BCI, but shall include at least the following: The instructor’s name, instructor # and the BCI Logo The words “Utah Certified Concealed Firearms Instructor” and “State of Utah” Certification expiration date Instructor’s business or residence address 53 -5 -704(10)(iii)(b)The instructor shall destroy the seal upon revocation or expiration of the instructor’s certification
Instructor’s Seal Example of an instructor’s official seal
Concealed Firearm Permit Applicant Requirements
Common Reasons for Obtaining a Utah Concealed Firearm Permit The ability to carry a firearm fully loaded The ability to carry a firearm concealed Waives the $7. 50 background check fee for purchasing a firearm (Utah residents only) Reciprocity/Recognition with other states Permit valid for 5 years Fees Utah law makes no distinction or defines what type of firearm a concealed firearm permit holder can possess or how many
Concealed Firearm Permit Application Requirements Utilize the bordered space provided on the application to stamp with the official seal. Pay attention to the revision date at the bottom of the application. The application must be completed by the applicant prior to the instructor signing and stamping the application.
Concealed Firearm Permit Application requirements: At least 21 years of age One passport quality photo Photo copy of driver license One (blue) type applicant fingerprint card Instructor stamp in red ink Non-resident applicants who reside in a state that Utah has reciprocity or recognition with must also supply proof of having obtained a permit from their state of residency Utah Concealed Firearm Permits are valid for five years from the date of issue. Applications must be received by BCI within one year of taking the concealed firearm permit course.
Application Fees Resident Concealed Firearm Permit $39. 00 Non Resident Concealed Firearm Permit $49. 00 Resident: $24. 25 - Permit processing fee Non-Resident: $34. 25 - Permit processing fee $14. 75 - FBI fingerprint processing fee
Concealed Firearm Permit Applications Cont. - Renewals Application requirements: $15. 00 renewal fee $15. 00 Completed application One passport quality photo ü Permits expired by more than 30 days will incur a $7. 50 late fee. $7. 50 Expired permits received after one year of expiration must start the full application process again As of September 1, 2012: Permit holders can renew in person, by mail and NOW may also renew online. To renew online, go to https: //secure. utah. gov/concealed-firearms. There is a $0. 75 convenience fee to renew over the internet. Permit holders will need the capability to upload a passport quality photo and a copy of his/her own states concealed firearm permit or concealed weapon permit, if applicable.
Concealed Firearm Permit Applications Cont. - Renewals 53 -5 -707. Concealed firearm permit -- Fees (1)(c) Concealed firearm permit renewal fees for active duty service members and spouses of an active duty service member shall be waived. This only applies to active duty service members and their spouses while stationed in Utah.
Problem Areas There are several areas that seem to be causing questions and concern: Photos Fingerprints (poor prints & not completing the card) Applicants born outside the United States not supplying the proper paperwork with the application Illegible instructor stamps Instructors NOT having the students complete the application prior to signing, dating and stamping the application Informing students that BCI will make the necessary copies of documents when submitting their applications (copies MUST be made and attached to the application prior to submitting the application) Non resident applicants submitting proof of possessing a firearm permit issued from their state of residency please submit the information on 8. 5” X 11” paper, not wallet sized, cut out, etc. Do not photocopy military identification cards Instructors holding on to applications Temporary Away with the Post Office with no forwarding address on applicants mail, comes back to BCI and filed
Problem Areas Continued Front The most common reasons applications are mailed back to the applicant: On an average, (200 -400 applications) are mailed back weekly Incorrect payment amount Not signing the credit card line Not providing the correct zip code associated with credit card Not providing a copy of the applicants home state permit (when applicable) Not providing a copy of the applicants driver license Not a reason to mail the application back but would avoid a lot of the problems: Instructors not providing their students with the complete application. Only giving their students the portion where they fill in the blanks. “There is also an instruction page”. Back
Application Photos Applicants required to submit a recent color photograph of passport quality Passport quality means: Approximately 2 in. X 2 in. Taken within last 6 months and showing current appearance Full front view of subject’s face No hats or dark glasses Taken in normal street attire White background
Fingerprints Cont. Reasons prints may be rejected: Ink is unevenly distributed Fingers are not fully inked Too much or too little ink Fingers slip or twist during rolling Ridges are worn smooth One or more fingers printed twice One or more impressions missing Fingerprints on the back of the card Fail to include complete information Information not written in black ink Highlighting on fingerprint card
Fingerprints Cont. Rolled vs. Pressed
Fingerprints Cont. Utah Code Ann. § 53 -5 -706 (1)(c) If the fingerprints are insufficient for the Federal Bureau of Investigation to conduct a search of its files for criminal history information, the application or concealed firearm permit may be denied, suspended, or revoked until sufficient fingerprints are submitted by the applicant.
Requesting Fingerprint Cards For all fingerprint card requests, please email [email protected] gov The email MUST include: Your name Instructor # Address where you want the fingerprint cards mailed to.
Applicants Born Outside the United States 53 -5 -704(2) requires an applicant be qualified to purchase and possess a firearm pursuant to state and federal law All applicants born outside the United States must supply proof of United States legal residency i. e. Naturalization Number, Born Abroad Birth Certificate (example born on a US military base), Valid U. S. Passport, INS Registration Number or Alien Registration Number (Permanent Resident Alien), etc.
Badges Utah Code Ann. § 76 -8 -512(3) A person is guilty of a class B misdemeanor who: displays or possesses without authority any badge, identification card, other form of identification, any restraint device, or the uniform of any state or local governmental entity, or a reasonable facsimile of any of these items, with the intent to deceive another or with the intent to induce another to submit to or rely on his pretended official authority or to rely upon his pretended official act.
Notification of Changes Website Postings Class Instruction Direct Contact
Permit Flow Chart Bureau of Criminal Identification Office
Permit Flow Chart Applications are received at BCI either in person or by mail
Permit Flow Chart For those submitting applications in person, BCI can take fingerprints and passport quality digital photographs.
Permit Flow Chart Next, applications are receipted, given a number, and placed in the queue
Permit Flow Chart Once an application is approved, the permit is printed at BCI then sent to the applicant by mail
Reciprocity and Recognition Utah will honor any permit which has been issued by another state or county 76 -10 -523 At the current time, Utah has a signed formal reciprocity with the following states: Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Ohio, Pennsylvania, South Dakota, Texas, Virginia, Washington State, West Virginia. The following states recognize the Utah concealed firearm permit: Arizona, Delaware, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Oklahoma, Tennessee, Vermont, Wisconsin, Wyoming. “BCI suggests permit holders contact any other state they are planning to visit to find out about that state's concealed firearm laws”
Reciprocity and Recognition There are some states that will only accept the Utah concealed firearm permit so long as the permit holder is a resident of Utah. It is the responsibility of all Utah concealed firearm permit holders to know and understand the applicable firearm laws of the states within which they plan to visit or venture. For information regarding firearm laws of other states, please contact the respective authority within that state.
Concealed Firearm Permit Confidentiality Utah Code Ann. § 53 -5 -708 (1)(a) The bureau shall maintain a record in its office of any permit issued under this part. (b), the names, addresses, telephone numbers, dates of birth, and Social Security numbers of the persons receiving permits are protected records under Subsection 63 G-2 -305 (11). Prohibits the sharing of concealed firearm permit information. A person is guilty of a class A misdemeanor if the person knowingly discloses information other than for an official law enforcement purpose.
Concealed Carry FAQ’s How long does it actually take to get my permit? The time frame for permit issuance per state statue is 60 days Utah Code Ann. § 53 -5 -704 (1)(a) If an application status check is requested, BCI prefers applicants to email [email protected] gov the request after 60 days has lapsed from the date the application was receipted.
Concealed Firearm Permit Course Review
CFP Course Requirements Firearm familiarity must be taught in person BCI does not accept waivers as “evidence of general familiarity” General familiarity requirement 53 -5 -704(8)(c) Instruction taken by a student under Subsection (7) (b) shall be in person and not through electronic means
General Familiarity General familiarity, as defined by U. C. A. 53 -5 -704, with the types of firearms to be concealed includes: Hands on instruction in safe loading, unloading, storage, and carrying firearms concealed Review of current laws defining lawful firearm use Lawful self defense Use of force Transportation Concealment
CFP Course Requirements Course instruction must meet the “minimum training curriculum” as set forth by BCI A copy of the curriculum must be signed with the initial instructor application only Additional copies can be accessed on BCI’s website: http: //publicsafety. utah. gov/bci/
Training Curriculum Utah Code Ann. § 53 -5 -704 (10) A certified concealed firearms instructor shall provide each of the instructor’s students with the required course of instruction outline approved by the bureau (BCI)
CFP Course Requirements A time study was conducted and determined that 4 hours is a reasonable, minimal time frame within which to cover all the required material from the training curriculum, however not mandatory provided all aspects of the training curriculum are covered. In order to support the integrity of the Utah concealed firearm permit program, instructors are strongly requested to teach the Utah course in it’s entirety without intermixing other states’ interpretations of the laws or philosophies. All information must be presented with adherence to the minimum training curriculum. Additional information can be presented at the instructor’s discretion.
Minimum Training Curriculum Section 1: Basic Handgun Safety Training & General Familiarity Handgun safety rules I. A. Causes of accidents B. Elements of firearm safety C. Four basic gun safety rules D. Other safety/range safety rules E. Other safety considerations F. Child safety
Minimum Training Curriculum Section 1: Basic Handgun Safety Training & General Familiarity II. Hand gun parts and operation A. Frame B. Barrel C. Action D. Function and firing mechanism check E. Safe loading/unloading, cocking/decocking F. Manufacturer’s operating manual G. Revolver cylinder rotation
Minimum Training Curriculum Section 1: Basic Handgun Safety Training & General Familiarity III. Ammunition A. Cartridge Types B. Cartridge Components C. Firing Sequence D. Safety and General Guidelines E. Care and Storage F. Ammunition Malfunctions
Minimum Training Curriculum Section 1: Basic Handgun Safety Training & General Familiarity IV. Fundamentals of shooting A. Basic two hand shooting positions Basic shooting fundamentals
Minimum Training Curriculum Section 1: Basic Handgun Safety Training & General Familiarity V. Safe handling A. B. C. Range rules Review safe loading/unloading, cocking/de-cocking Maintenance and cleaning (demonstrate) D. Safe draw, presentation, and holstering E. Safe concealment considerations F. Safe storage (firearms and ammunition)
Minimum Training Curriculum Section 2: State & Federal Codes, BCI Administrative Policy I. A. B. C. D. E. F. G. Utah Criminal and Traffic Code Concealed Firearm Act Justification of Force Rules of Arrest, by Whom and How Made Weapons in Prohibited areas/Circumstances Weapons Laws Assault and Related Offenses Weapons Laws, (Non-Concealed Permit Holder)
Minimum Training Curriculum Section 2: State & Federal Codes, BCI Administrative Policy II. Federal Firearms Regulations A. Section 922 Unlawful Acts 1. Straw Purchase 2. Unlawful Transport 3. Unlawful Transfer 4. Unlawful Possession 5. Unlawful Possession in a School Zone B. Section 924 Penalties C. Section 926 A Interstate Transportation of Firearms D. Section 926 Use of Restricted Ammunition E. Restrictions of Federal Facilities
Minimum Training Curriculum Section 2: State & Federal Codes, BCI Administrative Policy III. BCI Administrative Policy A. Regulatory Duties B. Permit Application Process C. Criteria for Issuance, Denial, Suspension, and Revocation D. Adjudicative Procedures E. Other Practical and Legal Considerations
Administrative Rules R 722 -300 Concealed Firearm Permit and Instructor Rule R 722 -300 -1. Purpose R 722 -300 -2. Authority R 722 -300 -3. Definitions R 722 -300 -4. Application for a Permit to Carry a Concealed Firearm R 722 -300 -5. Application for a Concealed Firearms Instructor Certification R 722 -300 -6. Renewal of a Concealed Firearms Permit or Concealed Firearms Instructor Certification R 722 -300 -7. Application for a Temporary Permit to Carry a Concealed Firearm R 722 -300 -8. Application for a LEOJ Permit R 722 -300 -9. Termination of LEOJ Status R 722 -300 -10. Suspension or Revocation of a Permit to Carry a Concealed Firearm, Concealed Firearms Instructor Certification, or a LEOJ Permit R 722 -300 -11. Review Hearing Before the Board R 722 -300 -12. Records Access
Vicarious Liability Utah Code Ann. § 53 -5 -704(13) “In providing instruction and issuing a permit under this part, the concealed firearms instructor and the licensing authority are not vicariously liable for damages caused by the permit holder. ”
Erroneous Teaching Concepts “Law allows to shoot attacker twice in the chest and once in the head. ” Interspersing other occupational sidelines with the CFP course As a permit holder, “ I work for you. ” “If you are approached by a closed fist attacker, deadly force is justified. ” When advertising your CFP instructor business, don’t send BCI the bill. When demonstrating, don’t use live ammunition. Weaver Stance – “How you shoot a target that is weaving. ” You can carry in a church any way it is just a hand slap if you get caught. Having non-certified instructors teach your course. If you extend a warning for someone to leave your property and they don’t, you can shoot them dead.
Course Monitoring Overt and Covert course checks BCI monitors CFP courses, both in and out of state BCI has a dedicated Investigator who monitors and investigates courses and complaints to ensure compliance with the minimum training curriculum, etc. Complaints Instructor and applicant complaints will be aggressively investigated Instructor fraud or non compliance An instructor who is found to be in violation of Federal law, Utah law or BCI administrative rule may be subject to suspension/revocation and/or criminal prosecution.
CONCEALED FIREARM PERMIT SURVEY Utah CFP Instructor Questionnaire Utah Bureau of Criminal Identification has created a survey which is placed on the BCI website. The survey is titled Firearm Permit Holder Survey. The purpose of the survey is to provide an avenue for applicants, etc. to express any suggestions they may have along with the strong and weak points of the class they attended. All surveys will be held in strict confidence and the identity will not be divulged in any way, unless the individual wishes to provide his/her information. Any negative information obtained will be investigated (if necessary). No action will be taken based solely on the survey.
Concealed Firearm Act Utah Code Ann. § 53 -5 -704 (1)(a), 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 60 days after receiving an application.
Background Checks In order to be eligible to receive a Utah concealed firearm permit, the bureau must be able to check each and every applicant’s criminal history through local, state and national computer files which includes a background check of each of the following items (a) through (i). If the bureau is unable to do a background check of each of the following items (a) through (i), the applicant shall not be eligible to receive a Utah concealed firearm permit.
Background Checks Cont. A. B. C. E. F. G. H. I. J. Utah Computerized Criminal History (UCCH); National Crime Information Center (NCIC); Interstate Identification Index (III) Drivers license information; Statewide warrants file; Criminal justice juvenile files; Criminal history expungement system; National Instant Check System (NICS); and Immigration and Naturalization Service when applicable (INS)
Instructor License and Concealed Firearm Permit The Utah CFP instructor licenses and concealed carry permits are a “privilege” the State has granted you, and like any granted privilege, it can be suspended or revoked. However, if you follow a few simple rules, the State of Utah should have no reason to suspend or revoke your permit.
Permit Holder & Applicant Disqualifying Criteria
Clarification on Applications Please remind your students that if they mark yes to a question on the application, they should also attach an explanation and any supporting documentation
Disqualifying Criteria 53 -5 -704(2)(a) The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder: (i) has been or is convicted of a felony; (ii) has been or is convicted of a crime of violence; (iii) has been or is convicted of an offense involving the use of alcohol; (iv) has been or is convicted of an offense involving the unlawful use of narcotics or other controlled substances; (v) has been or is convicted of an offense involving moral turpitude; (vi) has been or is convicted of an offense involving domestic violence; (vii) has been or is adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and (viii) is not qualified to purchase and possess a firearm pursuant to Section 76 -10 -503 and federal law.
Disqualifying Criteria “The below time frames are non binding and only listed as a general guideline” Utah Administrative Code R 722 -300 -4(5)(b), BCI may find that mitigating circumstances exist after the following time period has elapsed from the date the applicant was convicted or released from incarceration, parole, or probation, whichever occurred last: Class C misdemeanors & infractions…. …. 3 years Class B misdemeanors…………. …. 4 years Class A misdemeanors……………. … 5 years Protective Order………………. . …. Lifetime Domestic Violence……………. . …. Lifetime Felony Conviction……………. . Lifetime Convicted of a registerable sex offense…. Lifetime Mentally incompetent……………. . Lifetime Danger to self or others……………. CFP Board’s discretion Past Pattern of violent behavior……………. CFP Board’s discretion Outstanding warrants……………… Suspension until dismissed/removed Failure to provide sufficient fingerprints…. Suspension until acceptable fingerprints are received Is not qualified to purchase and possess firearms pursuant to Section 76 -10 -503 and federal law Info: Restoration of Rights/Relief from Disabilities - Presidential Pardons/Governor’s Pardon
Disqualifying Criteria R 722 -300 -3(2)(l) An 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: is done knowingly contrary to justice, honesty, or good morals; has an element of falsification or fraud; or contains an element of harm or injury directed to another person or another’s property Examples, but not limited to: • Theft • Bribery • Firearms violations • Fraud • Perjury • Burglary • Tax evasion • Extortion • Vandalism • Issuing bad checks • Arson • Kidnapping • Robbery • Criminal mischief • Interference with police • Falsifying govt. records • Crimes involving unlawful sexual conduct • Fleeing, resisting, or failure to obey police • Wildlife violations involving weapons • Obstruction of justice • Forgery • Receiving stolen property • Violations of the pornographic and harmful materials and performances act
Disqualifying Criteria Juvenile Felony Convictions U. C. A. 76 -10 -503 10 years for a violent felony U. C. A. 76 -3 -203. 5 7 years for a non-violent felony Some examples: Non-Violent Felony Distribute Controlled Substance Forgery Theft Possession of a stolen vehicle Receive stolen property Possession of a controlled substance Aggravated Arson Aggravated Assault Aggravated Kidnapping Rape Murder Robbery
Instructor Disqualifying Criteria (a) (b) 53 -5 -704(11) The bureau may deny, suspend, or revoke the certification of a concealed firearms instructor if it has reason to believe the applicant has: Become ineligible to possess a firearm under Section 76 -10 -503 or federal law; or Knowingly and willfully provided false information to the bureau
Permit Flow Chart If an application is denied, or a permit suspended/revoked, the applicant or permit holder will receive a letter by certified mail, advising the general reason for the action “Instructors and permit holders must keep their address current with BCI”
Appeals Process In the event of a denial, suspension or revocation by BCI, the applicant or instructor may file an appeal The appeal must be received (in writing) within 60 days of the date of denial, suspension, or revocation The petitioner will have the opportunity to address the board and explain the appeal Once a ruling is made by the board, the petitioner will be notified by BCI within 30 days
Concealed Firearm Permit Review Board Powers and duties of the Board: U. C. A. 53 -5 -703 (7) The board, upon receiving a timely filed petition for review, shall review within a reasonable time the denial, suspension, or revocation of a permit or temporary permit to carry a concealed firearm The board is comprised of not more than five members appointed by the commissioner on a bipartisan basis. The board shall include a member representing law enforcement and at least two citizens, one of whom represents sporting interests. v The board members are appointed by the commissioner and serve a four year term v The board meets once every three months Law Enforcement Citizen Representing Sporting Interests Private Citizen
Legal Review Utah Law: Federal Law , (18 U. S. C. Chapter 44, Section 922) Concealed Firearm Act 53 -5 -701 to 53 -5 -711 Straw Purchase Justification of Force Unlawful Transport 76 -2 -401 to 76 -2 -407 Unlawful Transfer Rules of Arrest Unlawful Possession 77 -7 -1, 77 -7 -3 Unlawful possession at Weapons in Prohibited areas a school zone 76 -8 -311. 1 to 76 -8 -311. 3 Assault and Related offenses 76 -5 -102, 103, 104 Weapons Laws 76 -10 -500 to 76 -10 -530
Justification of Force
Justification of Force Utah Code Ann. § 76 -2 -402 Force in defense of a person A person must reasonably believe that force or threat of force is necessary to defend the person or a third person against another person’s imminent use of unlawful force Force used that is intended or likely to cause death or serious bodily injury may only be used to prevent death or serious bodily injury to himself or a third person or to prevent the commission of a forcible felony. A person does not have a duty to retreat from threatened force in a place where that person has lawfully entered or remained
Justification of Force 76 -1 -601 “Serious bodily injury” means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of function of any bodily member or organ, or creates a substantial risk of death
Justification of Force 76 -2 -402 (4) Forcible felonies defined Aggravated Assault Murder/Aggravated Murder Mayhem Manslaughter Kidnapping/Aggravated Kidnapping Rape Forcible Sodomy Object Rape/Object Rape of a Child Sexual Abuse/Aggravated Sexual Abuse of a Child Aggravated Sexual Assault Arson Robbery Burglary Vehicle Burglary (when occupied) Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury
Justification of Force Utah Code Ann. § 76 -2 -405 Force in defense of habitation A person reasonably believes force is necessary to prevent or terminate unlawful entry into or attack on the habitation Force likely to cause death or serious injury is justified only if The entry is made or attempted in a violent tumultuous manner, surreptitiously, or by stealth and he reasonably believes the entry is made or attempted for the purpose of assaulting or offering personal violence or He reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and the force is necessary to prevent the commission of the felony
Justification of Force Presumption of Reasonableness (Habitation) Utah Code Ann. § 76 -2 -405 (2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
Firearms at Residence Utah Code Ann. § 76 -10 -511 Except for persons described in Section 76 -10503, a person may have a loaded firearm at his place of residence, including any temporary residence or camp. Residence defined: An improvement to real property used or occupied as a primary or secondary residence; i. e. tent, trailer, motor home, motel room, etc.
Justification of Force Utah Code Ann. § 76 -2 -407 Deadly force in defense of persons on real property A person is justified in using force intended or likely to cause death or serious bodily injury against another in his defense of persons on real property other than his habitation if: He is in lawful possession of real property; He reasonably believes that the force is necessary to prevent or terminate the trespass onto real property; The trespass is made or attempted by use of force or in a violent and tumultuous manner; and The trespass is attempted or made for the purpose of committing violence against any person on real property and he reasonably believes that the force is necessary to prevent personal violence; or the person reasonably believes that the trespass is made or attempted for the purpose of committing a forcible felony that poses imminent peril of death or serious injury and that the force is necessary to prevent the commission of that forcible felony
Justification of Force Presumption of Reasonableness (Real Property) Utah Code Ann. § 76 -2 -407 (2) The person using deadly force in defense of persons on real property under Subsection (1) is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the trespass or attempted trespass is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or for the purpose of committing a forcible felony.
Justification of Force Utah Code Ann. § 76 -2 -406 Force in defense of property A person is justified in using force, other than deadly force, when he reasonably believes that force is necessary to prevent or terminate criminal interference with real or personal property Lawfully in his possession; or Lawfully in the possession of a member of his immediate family; or Belonging to a person whose property he has a legal duty to protect
Justification of Force Utah Code Ann. § 76 -2 -402 Considerations in determining reasonableness of force The Trier of fact may consider, but not limited to, any of the following factors: Nature of danger Immediacy of danger Probability that unlawful force would result in death or serious bodily injury Prior violent acts or propensities Patterns of abuse or violence
Unjustifiable Circumstances Utah Code Ann. § 76 -2 -402 (2) Initially provokes the use of force as an excuse to inflict bodily harm; Is attempting to commit, committing or fleeing after the commission or attempted commission of a felony; or Was the aggressor or was engaged in a combat by mutual agreement unless he withdraws from the attack and effectively communicates his intent to withdrawal.
Civil vs. Criminal Liability Criminal The burden of proof is on the state "beyond a reasonable doubt. ” Liability determined for criminal punishment, prison, fines etc. Usually always investigated by the police. Civil Burden of proof is on the party asserting the claim by “preponderance of the evidence. ” Liability determined to restore monetary or physical loss. Usually always considered following the death of a person in the form of wrongful death and personal injury law suits. IMPORTANT NOTE: If you use your firearm in self-defense and are later tried and found not guilty of any criminal charge, you should understand that such a verdict does not preclude a civil proceeding against you. Regardless of the outcome of a criminal trial, you may be subject to liability in a civil action.
Defense to Civil Action for Damages Resulting From Commission of a Crime Utah Code Ann. § 78 b-3 -110 (1) A person may not recover from the victim of a crime for personal injury or property damage if: (a) the person entered the property of the victim or the victim’s family with criminal intent and the injury or damage occurred was inflicted by the victim or while the person was on the victim's property; or (b) the person committed a crime against the victim or the victim’s family, during which the damage or injury occurred. (2) The provisions of Subsection (1) do not apply if the person can prove by clear and convincing evidence that the person's actions did not constitute a crime. (3) Subsection (1) applies to any next-of-kin, heirs, or personal representatives of the person if the person acquires a disability or is killed. (4) Subsections (1) and (2) do not apply if the person committing or attempting to commit the crime has clearly retreated from the criminal activity. (5) "Clearly retreated" means that the person committing the criminal act has fully, clearly, and immediately ceased all hostile, threatening, violent, or criminal behavior or activity.
Arrest by Private Persons Utah Code Ann. § 77 -7 -3 A private person may arrest another: For a public offense committed or attempted in his presence; or When a felony has been committed and he has reasonable cause to believe the person arrested has committed it Arrest Defined: An arrest is an actual restraint of the person arrested or submission to custody. The person shall not be subjected to any more restraint than is necessary for his arrest and detention 77 -7 -1
Secured / Prohibited Areas
Weapons in Prohibited Areas U. C. A. 53 -5 -710 A person with a concealed firearm permit may not carry a firearm into the following locations: Any secure area in which firearms are prohibited and notice posted (76 -10 -523. 5) Courts, Law Enforcement, Correctional & Mental Health Facilities Penalties 76 -8 -311. 1 “Third degree felony” Any airport secure area (76 -10 -529) Any house of worship or private residence where dangerous weapons are prohibited (76 -10 -530) Otherwise prohibited by State or Federal Law Federal Facilities, Federal Court Buildings, etc.
Traveling with Firearms and Ammunition - Airports General information: Please check with the specific airport and airline you’re traveling with for exact details Each year approximately 2000 armed travelers are caught by the Transportation Security Administration (TSA). Firearms and ammunition are accepted as checked baggage only and must be declared to an agent at check in. Firearms must be transported unloaded, and in a locked, hard-sided container. Most airlines do not accept firearms to be checked curbside. DO NOT ATTEMPT TO TRAVEL WITH FIREARMS IN YOUR CARRY ON LUGGAGE!!! IT DOES NOT MATTER IF THE INTENT WAS CRIMINAL OR JUST YOU SIMPLY FORGOT YOU POSSESSED A FIREARM. State laws regarding the possession of firearms vary. Please be sure to check your destination state requirements before traveling.
Possession at “Federal Facility” Prohibited, 18 U. S. C. 930 (a) The term “Federal Facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties
Weapons in Prohibited Areas Cont. Clarification on Allowed Carry Areas Indian Reservations: Each tribe is self governing, it is necessary to contact tribal leadership to obtain permission to carry on the reservation. Exception: If a highway/interstate runs through the reservation, no permission needed as long as you remain on the highway. National Parks: As of February 22, 2010, an individual can carry as long as the national park is located in a state where concealed firearms are permitted, must abide by that state’s CFP laws. National Forests: Are not parks, they are governed by the state in which they are located (hunting, etc. )
Churches, Notification of Prohibition Utah Code Ann. § 76 -10 -530 (2) (a)-(d) a. b. c. d. e. Personal communication to the actor by the owner, lessee, or person with lawful right of possession or person with authority to act for the person or entity; Posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence; Announcement by a person with authority to act for the church or organization operating the house of worship in a regular congregational meeting; Publication in a bulletin, newsletter, worship program or similar document generally circulated or available to members of a congregation regularly meeting in a house or worship Publication in a newspaper or general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has it’s principal office in this state. Churches who use (a. and b. ) as a method of notification are not required to be listed with BCI. Those churches who use (c. , d. or e. ) must also be listed with BCI.
Discharge of Firearm on Private Property –Liability 53 -5 a-103, A private property owner who knowingly allows a person who has a permit to carry a concealed firearm under Section 53 -5 -704 to bring a firearm onto the owner’s property, is not civilly or criminally liable for any damage or harm resulting from the discharge of the firearm by the permit holder while on the owner’s property. Does not apply if the property owner solicits, requests, commands, encourages, or intentionally aids in the firearms discharge.
Assault and Related Offenses
Assault Utah Code Ann. § 76 -5 -102 An attempt with unlawful force or violence, to do bodily injury to another; A threat accompanied by a show of immediate force or violence, do to bodily injury to another; or An act committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another
Aggravated Assault Utah Code Ann. § 76 -5 -103 Intentionally causes serious bodily injury to another; or Under circumstances not amounting to serious bodily injury, uses a weapon as defined in 76 -1 -601 or other means or force likely to produce death or serious bodily injury.
Threat of Violence Utah Code Ann. § 76 -5 -107 A person commits threat of violence if the person threatens to commit any offense involving bodily injury, death, or substantial property damage, and Acts with intent to: Place a person in fear of imminent serious bodily injury, substantial bodily injury, or death; Is no defense that the person did not attempt or was incapable of carrying out the threat. The threat may be either expressed or implied
Uniform Law, Weapons Utah Code Ann. § 76 -10 -500 Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be: Prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm in his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or Required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
Open Carry Other Applicable Criminal Statutes Illegal to possess a deadly weapon with intent to assault (76 -10 -507) Illegal to draw or exhibit a dangerous weapon in an angry or threatening manner or in a fight or quarrel, except in necessary self defense (76 -10506)
Disorderly Conduct Utah Code Ann. § 76 -9 -102 (1) A person is guilty of disorderly conduct if: (a) the person refuses to comply with the lawful order of a law enforcement officer to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, the person: (i) engages in fighting or in violent, tumultuous, or threatening behavior; (ii) makes unreasonable noises in a public place; (iii) makes unreasonable noises in a private place which can be heard in a public place; or (iv) obstructs vehicular or pedestrian traffic. (2) "Public place, " for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation. (4) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.
Weapons Laws, Threatening Manner Defined: Utah Code Ann. § 76 -10 -506 (1) Threatening manner does not include: The possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or Informing another of the actors possession of a deadly weapon in order to prevent what the actor reasonable perceives as a possible use of unlawful force by the other and actor is not engaged in any activity described in Subsection 76 -2 -402(2)(a) (use of force).
Carrying “Loaded” Firearm in Vehicle or on Street Utah Code Ann. § 76 -10 -505 A person may carry a loaded firearm in a vehicle if: “Applies to non permit holders” The person is 18 years old Is in lawful possession of the vehicle Other occupant has consent from the person in lawful control Allowance extends to handguns only A person may carry on a public street if: The person has a concealed firearm permit A person without a CFP must carry in plain view and statutorily unloaded
Weapons Laws, Loaded Firearm Utah Code Ann. § 76 -10 -502 “Applies to non concealed firearm permit holders” An unexpended cartridge in the firing position The manual operation of any mechanism once would cause the unexpended cartridge to be fired
Carrying “Concealed” Dangerous Weapon Utah Code Ann. § 76 -10 -504 (1) Except as provided in Section 76 -10 -503 and in Subsections (2), (3), and (4), a person who carries a concealed dangerous weapon, as defined in Section 76 -10 -501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person's control is guilty of a class B misdemeanor. (2) A person who carries a concealed dangerous weapon which is a loaded firearm in violation of Subsection (1) is guilty of a class A misdemeanor. (3) A person who carries concealed an unlawfully possessed short barrel shotgun or a short barrel rifle is guilty of a second degree felony.
Motor Vehicle Defined 41 -6 a-102 (34) Means a vehicle which is self propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
Protection of Activities in Private Vehicles Utah Code Ann. § 34 -45 -103 Legal for people to have firearms stored in their locked vehicles parked on private property Exceptions: Ø An employer can provide alternative parking at no cost to the employee Ø Provide a secured and monitored storage location where the individual may securely store a firearm before proceeding with the vehicle on to the property 34 -45 -107 Exemptions to Private Parking Lots School Premises: * Are exempt from this chapter Government Entities: * Including local and state entity Religious Organizations: * Acting as an employer are exempt Residential Units: * Single family or tenant occupied units are exempt
Persons Exempt from Weapons Laws Utah Code Ann. § 76 -10 -523 (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following: (a) a United States marshal; (b) a federal official required to carry a firearm; (c) a peace officer of this or any other jurisdiction; (d) a law enforcement official as defined and qualified under Section 53 -5 -711; (e) a judge as defined and qualified under Section 53 -5 -711; (f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or (g) a nonresident traveling in or through the state, provided that any firearm is: (i) unloaded; and (ii) securely encased as defined in Section 76 -10 -501. (2) The provisions of Subsections 76 -10 -504(1) and (2), and Section 76 -10505 do not apply to any person to whom a permit to carry a concealed firearm has been issued: (a) pursuant to Section 53 -5 -704; or (b) by another state or county.
Guidelines for Law Enforcement Contact When stopped for questioning by a peace officer based on reasonable suspicion in accordance with Section 77 -7 -15, all individuals, with or without a permit who are lawful possessors of firearms in public and in vehicles are encouraged to be cooperative and comply with the lawful orders of police officers.
Police Officers are Advised the Following: Regarding Concealed Firearm Permits All enforcement action is done by BCI Investigators, but final review and findings is done by the CFP board Do not seize the permit (unless revoked) If a disqualifying offense for violations regarding a Concealed Firearm Permit exist, forward a copy of the incident report to BCI Always observe officer safety. It is reasonable for an officer to know where a firearm is and if it is loaded.
Alcohol / Controlled Substance Firearms Prohibition 76 -10 -528 Carrying a dangerous weapon while under the influence of alcohol or a controlled substance unlawful Same standard as DUI statute 41 -6 a-502 Impaired – danger to self or others Blood or breath test at or above. 08 grams It is not a defense Has a valid concealed firearm permit Licensed in the pursuit of wildlife
Firearms Confiscation Prohibition Utah Code Ann. § 63 k-4 -405 Declared state of emergency or disaster Hurricane Katrina Government and law enforcement may not confiscate firearms if lawful to possess Officer may not be disciplined for refusing to confiscate Law Enforcement and government may be subject to civil damages
Federal Laws U. S. FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE, TITLE 18, CHAPTER 44 – FIREARMS: Title 18 Chapter 44 - 922 Unlawful acts (a) (6) Straw Purchase (a) (3) Unlawful transport of firearm by non-licensed dealer, importer , manufacturer, or collector (d) (1) – (9) Unlawful transfer of a firearm to restricted person (g) (1) – (9)Unlawful Possession of a firearm by restricted person (q) (2) (A) Unlawful possession of a firearm in a school zone
“Straw” Firearm Purchase 18 U. S. C. 922 (a) (6) Knowingly make or furnish a false or fictitious oral or written statement or misrepresented identification intending to deceive with respect to purchasing a firearms
Transporting Firearms 18 U. S. C. 926 A Interstate transportation of a firearm for lawful purpose is allowed if: The transporter is not a restricted person The firearm is not a restricted firearm 27 CFR, Part 478. 28 & 36. Cannot transport to engage in business unless an FFL 18 U. S. C. 922 (a) (1 - 4) Firearm must be unloaded Ammunition and firearm not readily accessible or directly accessible from the passenger compartment unless in a locked container excluding glove box or console.
Selling Firearms 18 U. S. C. 922 (a), Unlicensed Cannot sell to anyone outside your state of residency No registration required, Only transactions at the FFL dealership are registered Cannot sell to anyone under 18 years of age Suggest that a non-licensed sale include a bill of sale between parties to prove the transfer
Unlawful Possession 18 U. S. C. 922 (g) Conviction of punishable by term exceeding one year Fugitive from justice Unlawful user of controlled substance Adjudicated mentally defective Illegal or unlawful in the U. S. Dishonorable discharge from the armed forces Renounced citizenship in the U. S. Protective order Conviction of misdemeanor crime of domestic violence
Possession of Firearm at a School 18 U. S. C. 44, 922 (q) (2) (a) (ii) Unlawful to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone. Exception: If the individual possessing the firearm is licensed to do so by the State in which the school zone is located. Public schools: A valid concealed firearm permit holder can posses a firearm within a public school. Private schools can restrict firearms (similar to private property owners).
Firearms on School Premises, Exceptions May not possess firearm or dangerous weapon on or about school premises Exceptions: Law Enforcement (U. C. A. 76 -10 -523) Concealed Firearm Permit Holder (U. C. A. 53 -5 -704) Possession approved by Responsible School Administrator Lawful, approved activity under control of responsible person Any vehicle lawfully under person’s control.
Your Responsibility Laws consistently change!! It is the responsibility of each instructor and permit holder to keep up with changes in Federal law, Utah law and Administrative rule.
BCI Website publicsafety. utah. gov
Online References BCI Website http: //publicsafety. utah. gov/bci/ Utah Criminal and Traffic Codes www. le. state. ut. us/Documents/code_const. htm