BCI - Denials and Suspensions of Concealed Firearm Permits
A permit may be denied, suspended, or revoked if the applicant fails to maintain good character as defined under Utah code 53-5-704. The permit may also be denied, suspended, or revoked if the licensing authority has reasonable cause to believe that the applicant has been or is a danger to self or others as demonstrated by evidence including, but not limited to:
- Past pattern of behavior involving unlawful violence or threats of unlawful violence;
- Past participation in incidents involving unlawful violence or threats of unlawful violence; or
- Conviction of any offense in violation of Utah Criminal / Weapons Code.
In determining whether the applicant has been or is a danger to self or others, the division may inspect:
- Expunged records of arrests and convictions of adult and juvenile court records;
In the event of a denial, suspension, or revocation by the agency, the applicant 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 by certified mail, return receipt requested.
The denial of a permit shall be in writing and shall include the general reasons for the action.
An applicant may appeal a denial to the review board, and in so doing may have access to the evidence upon which the denial is based.
On appeal to the board, the agency shall have the burden of proof by a preponderance of the evidence.
Upon a ruling by the board on the appeal of a denial, the division shall issue a final order within 30 days stating the board's decision.[Last Update - Monday, 03-Jun-2013 05:40:20 MDT]