Utah restricts CCW permits


eli

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Disclaimer: The author only offers his limited understanding of these events. Always consult an attorney for clarification of the ever changing CCW laws.

Think I'll ask for a second opinion or change attorneys before jumping on my soapbox again:(

Eli
 

My Attempt At A Clarification of the Utah Bill

Here's a link to the bill with corrections that seems to clarify its itent:

http://le.utah.gov/~2011/bills/sbillamd/sb0036s01.pdf

See lines 74 - 79 of this version. Basically says to me that IF a resident of a state that recognizes the Utah permit or holds reciprocity with Utah's permit, that applicant must hold a permit from their state.

So I don't think it would affect folks in a state like Nevada, as long as they get a Nevada license prior to applying for a Utah permit.

I've been told that the bill was designed to prevent folks from avoiding their own state's requirements to get a permit that is valid in that state (like TX). Apparently the TX requirements are much more costly for TX residents than the cost of getting a UT permit.
 
Unfortunate for those that CAN'T get their local permit because of some arbitrary restriction. Me for example, NC does not issue permits to non citizens (I am a legal resident alien).
 
Unfortunate for those that CAN'T get their local permit because of some arbitrary restriction. Me for example, NC does not issue permits to non citizens (I am a legal resident alien).

Well, sue the state, like the guy here in South Dakota did. The law got changed (back) just this month, so that legal residents may also get CCW.
 
Well, sue the state, like the guy here in South Dakota did. The law got changed (back) just this month, so that legal residents may also get CCW.

If I had the money to do it, I would! But with the current legal system if you can't pay, you can't win.
 
From the Putnam County (NY) Shooters Webside Utah SB 36

Source:

Link Removed

About Utah Senate Bill 36
The following information has been confirmed with the Utah Bureau of Criminal Identification

In case you haven't heard, there's a bill that has passed the Utah legislature that's about to be signed into law by the governor, referred to as Senate Bill 36 (SB36).

Utah was getting some grief from some reciprocating states, since residents of these other states were only obtaining the Utah CFP, and bypassing the CCW permit from their home state. SB36 is intended to protect Utah's reciprocity agreements with these states by requiring that non-residents applying for a Utah CFP have a permit in their home state prior to applying in Utah. This requirement was recently amended to read:

(4)(a) In addition to meeting the other qualifications for the issuance of a concealed firearm permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law shall:
(i) hold a current concealed firearm or concealed weapon permit issued by the appropriate permitting authority of the nonresident applicant's state of residency
Many people have read this change to the bill, and misinterpreted it to mean that your home state must recognize Utah's CFP in order for you to apply for a non-resident permit. This would mean that New York residents could no longer apply for and receive a Utah CFP.

Again, this is a misinterpretation of the law.

SB36 simply requires that an applicant who resides in a state that does recognize the Utah CFP must obtain his/her home state pistol permit before obtaining the Utah CFP. Residents of states that do not recognize the Utah CFP still do not need a permit in their home state to apply.

This change was actually made to protect those of us living in hightly restrictive states like New York. Originally, the bill simply required that all non-resident applicants first obtain their home state permit. However, to in order to protect the rights of those living in states like New York and New Jersey, where a pistol permit is difficult to obtain, and Illinois and Wisconsin, where no CCW permits are issued, the home state permit requirement was amended to be limited to residents of states that recognize the Utah CFP.

Ain't that just like the Utah legislature? They're more concerned about our civil liberties than our own state legislatures.
 
I received my out of state Utah permit last November 2010. Are they good until the expiration date?
I can't believe that in this Great Depression, Utah is going to deprive their state of a easy source of income! I guess Florida and a few other states will gladly accept the extra revenue.
 
Ok so for example, I'm a resident of Virginia with a Va Permit. Va and Utah have reciprocity so applicants from Va with an existing permit will not be affected by this bill, correct?

Looks like this is applicable for any applications received after 10 may 2011.
 
Last edited:
I do not have a NC permit. I only have the Non Resident Utah. NC gave me a hard time with the permit so I went with Utah. After I satisfied NC I was told the 90 days was up and I will have to pay $90. and apply again.
 
Reciprocity

This is exactly why we need National Reciprocity. My drivers license is good for all states so why can't my concealed carry permit do the same?....
 
I received my out of state Utah permit last November 2010. Are they good until the expiration date?

Your permit is good until it expires.

Ok so for example, I'm a resident of Virginia with a Va Permit. Va and Utah have reciprocity so applicants from Va with an existing permit will not be affected by this bill, correct?

Looks like this is applicable for any applications received after 10 may 2011.


As long as you have your VA permit you can apply/renew your UT permit. New apps received after May 10, 2011 and renewals after Jan 1, 2012 must qualify under this new law.
 
Ok so for example, I'm a resident of Virginia with a Va Permit. Va and Utah have reciprocity so applicants from Va with an existing permit will not be affected by this bill, correct?

Looks like this is applicable for any applications received after 10 may 2011.

That's the way I see it.
 
Yeah, at least they were kind enough not to change it for the existing permits, that would have been bad.
 
So I don't think it would affect folks in a state like Nevada, as long as they get a Nevada license prior to applying for a Utah permit.

I've been told that the bill was designed to prevent folks from avoiding their own state's requirements to get a permit that is valid in that state (like TX). Apparently the TX requirements are much more costly for TX residents than the cost of getting a UT permit.

Before you even read the legalize it says:

11 Highlighted Provisions:
12 This bill:
13 < requires a nonresident applicant for a concealed firearm permit to hold a current
14 concealed firearm or concealed weapon permit from the applicant's state of
15 residency that recognizes the validity of the Utah permit in that state or has
16 reciprocity with the Utah concealed firearm permit law; and
17 < requires a nonresident applicant to pay an additional $5 processing fee for the
18 issuance of the permit.

You missed "the applicant's state of residency that recognizes the validity of the Utah permit"

From your previous post CAPs added:

"SB36 simply requires that an applicant who resides in a state that DOES RECOGNIZE the Utah CFP

If the applicant's state of residency doesn't recognize Utah that applicant is screwed.....and Nevada doesn't due to higher requirements.

Eli
 
Yeah, at least they were kind enough not to change it for the existing permits, that would have been bad.

Then they might have had to refund the unused part of the money but depending on where you live they may not renew them.

Eli
 
Before you even read the legalize it says:

11 Highlighted Provisions:
12 This bill:
13 < requires a nonresident applicant for a concealed firearm permit to hold a current
14 concealed firearm or concealed weapon permit from the applicant's state of
15 residency that recognizes the validity of the Utah permit in that state or has
16 reciprocity with the Utah concealed firearm permit law; and
17 < requires a nonresident applicant to pay an additional $5 processing fee for the
18 issuance of the permit.

You missed "the applicant's state of residency that recognizes the validity of the Utah permit"

From your previous post CAPs added:

"SB36 simply requires that an applicant who resides in a state that DOES RECOGNIZE the Utah CFP

If the applicant's state of residency doesn't recognize Utah that applicant is screwed.....and Nevada doesn't due to higher requirements.

Eli

I believe - and will find out more tomorrow - that lines 11 through 18 are very confusingly trying to say that an applicant has to have a concealed permit if they're from a state that has reciprocity or recognizes the Utah permit. Otherwise, there's a contradiction between that and what's in lines 74 - 79. But again, this is my opinion, and I'm going to do some checking with Utah tomorrow.

I really believe this won't impact anyone unless they're from a state with reciprocity, or recognizes Utah's permit. Then they'll have to also get their state permit.

Did you read that write-up from Putnam County NY? In their discussion they say that the information has been verified from Utah:

Link Removed

Check out that link. It's a pretty good discussion. I really think we're going to be OK for the most part.
 
I believe - and will find out more tomorrow - that lines 11 through 18 are very confusingly trying to say that an applicant has to have a concealed permit if they're from a state that has reciprocity or recognizes the Utah permit. Otherwise, there's a contradiction between that and what's in lines 74 - 79. But again, this is my opinion, and I'm going to do some checking with Utah tomorrow.

I really believe this won't impact anyone unless they're from a state with reciprocity, or recognizes Utah's permit. Then they'll have to also get their state permit.

Did you read that write-up from Putnam County NY? In their discussion they say that the information has been verified from Utah:

Link Removed

Check out that link. It's a pretty good discussion. I really think we're going to be OK for the most part.

You may be right.....So if I understand this correctly if your state honors Utah you have get a permit in your home state. If your home doesn't honor Utah you don't need one in your home state and this is gonna cost Utah over 2.5 million by the end of 2013?

Eli
 
You may be right.....So if I understand this correctly if your state honors Utah you have get a permit in your home state. If your home doesn't honor Utah you don't need one in your home state and this is gonna cost Utah over 2.5 million by the end of 2013?

Eli


Exactly.
 
My wife and I currently have our applications in for a Utah permit.

Since vermont does not issue permits fo CCW, since none are required for CCW, can someone please tell me if we will be able to get our permits?

Thanks,

Marc
 
My wife and I currently have our applications in for a Utah permit.

Since vermont does not issue permits fo CCW, since none are required for CCW, can someone please tell me if we will be able to get our permits?

Thanks,

Marc


I would think that since VT does not have an issuing authority, then you should be ok. You could call them to confirm.


(4) (a) In addition to meeting the other qualifications for the issuance of a concealed
75 firearm permit under this section, a nonresident applicant S. who resides in a state that
75a recognizes the validity of the Utah permit or has reciprocity with Utah's concealed firearm
75b permit law .S shall:
76 (i) hold a current concealed firearm or concealed weapon permit issued by the
77 appropriate permitting authority of the nonresident applicant's state of residency
 

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