Current through the 2024 Fourth Special Session
Section 76-10-526.1 - Information check before private sale of firearm(1) As used in this section: (a) "Governmental entity" means the state and the state's political subdivisions.(b) "Law enforcement agency" means the same as that term is defined in Section 53-1-102.(c) "Personally identifiable information" means the same as that term is defined in Section 63D-2-102.(2) Subject to Subsections (3) and (4), the bureau shall create an online process that allows an individual who is selling or purchasing a firearm to voluntarily determine: (a) if the other individual involved in the sale of the firearm has a valid concealed carry permit; or(b) based on the serial number of the firearm, if the firearm is reported as stolen.(3) Subsection (2) does not apply to a federal firearms licensee or dealer.(4) The bureau may not: (a) provide information related to a request under Subsection (2) to a law enforcement agency; or(b) collect a user's personally identifiable information under Subsection (2).(5) A governmental entity may not require an individual who is selling or purchasing a firearm to use the process under Subsection (2).(6) If an individual uses the process under Subsection (2), the individual is not required, based on the information the individual receives from the bureau, to make a report to a law enforcement agency.(7) After responding to a request under Subsection (2), the bureau shall immediately dispose of all information related to the request.(8)(a) This section does not create a civil cause of action arising from the sale or purchase of a firearm under this section.(b) An individual's failure to use the process under Subsection (2) is not evidence of the individual's negligence in a civil cause of action.Added by Chapter 398, 2023 General Session ,§ 2, eff. 7/1/2023.