DONNA'S LAW

Model Bill from Alabama

​

8 SYNOPSIS: Under existing law, a person convicted for

9 certain crimes may not possess, purchase, or

10 transfer firearms. Existing law does not provide a

11 method for an individual to restrict his or her own

12 legal ability to receive, transport, or possess

13 firearms due to a fear that he or she may become a

14 risk to himself or herself or others.

15 This bill would create the Voluntary Alabama

16 Firearms Do-Not-Sell List and would allow an

17 individual to restrict his or her ability to

18 purchase or possess a firearm by voluntarily adding

19 his or her own name to the Voluntary Alabama

20 Firearms Do-Not-Sell List when there is a fear that

21 he or she may become a risk to himself or herself

22 or others.

23 This bill would also provide methods by

24 which an individual on the Voluntary Alabama

25 Firearms Do-Not-Sell List may remove his or her own

26 name from the list.

 

Page 1

 

1 This bill would also provide for criminal

2 penalties for violations.

3

4 A BILL

5 TO BE ENTITLED

6 AN ACT

7

8 Relating to firearms; to create the Voluntary

9 Alabama Firearms Do-Not-Sell List; to allow an individual to

10 voluntarily add himself or herself to the Voluntary Alabama

11 Firearms Do-Not-Sell List under certain conditions; to

12 establish methods of verified registration; to provide civil

13 and criminal penalties for violations; and to establish a

14 campaign to educate the public about its purpose.

15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

16 Section 1. (a) By June 1, 2023, the Department of

17 Mental Health shall create the Voluntary Alabama Firearms

18 Do-Not-Sell List.

19 (b) By June 1, 2023, the department shall develop

20 and widely distribute pursuant to Section 6 a hard copy form

21 to allow any individual in the state to register to add his or

22 her name to the Voluntary Alabama Firearms Do-Not-Sell List

23 and a similar form by which a registered individual may

24 request removal. The department shall also prominently display

25 the form on its website. The department shall ensure that the

26 form may be submitted in any of the following manners:

 

Page 2

 

1 (1) Submitted in person at a circuit clerk's office

2 with government-issued photo identification. A county clerk

3 shall immediately transmit any received registration form to

4 the department.

5 (2) Mailed to the department with a copy of the

6 registering individual's government-issued photo

7 identification.

8 (3) Submitted electronically to the department by

9 short message service or multimedia messaging service along

10 with a copy of government-issued photo identification and a

11 photographic portrait of the individual that contains

12 exchangeable image file format data proving that the

13 photographic portrait was taken within one hour prior to

14 transmission to the department.

15 (c) By January 1, 2024, the department shall develop

16 and launch a secure Internet-based platform by which any

17 resident of this state may register to add his or her name to

18 the list. The department shall ensure that this Internet-based

19 platform does all of the following:

20 (1) Verifies the identity of any individual who

21 registers or attempts to register.

22 (2) Prevents unauthorized disclosures of the

23 identity of or any sensitive personally identifying

24 information of any registering individual. For purposes of

25 this subdivision, "sensitive personally identifying

26 information" shall have the same meaning as given in Section

27 8-38-2, Code of Alabama 1975.

 

Page 3

 

1 (3) Informs the registering individual of the legal

2 effects of registration.

3 (d)(1) In addition, the department shall ensure that

4 the Internet-based platform and hard copy registration form

5 provides each registrant with an email notification option

6 that allows registered individuals, at the time of

7 registration or thereafter, to identify one or more email

8 addresses.

9 (2) The department shall send a notification to each

10 of those email addresses if the individual subsequently seeks

11 to remove his or her name from the list.

12 (3) Email contact information provided under this

13 subsection constitutes an express authorization of the use of

14 that information pursuant to this subsection.

15 Section 2. (a) By June 1, 2023, any individual may

16 request that he or she be added to the Voluntary Alabama

17 Firearms Do-Not-Sell List.

18 (b)(1) An individual who has registered with the

19 Voluntary Alabama Firearms Do-Not-Sell List may subsequently

20 request that his or her name be removed from the list by one

21 of the same methods as provided in Section 1 for registration.

22 (2) The department shall wait 21 days after receipt

23 of a request for removal before notifying the Federal Bureau

24 of Investigation to update the requesting individual's

25 eligibility to purchase, possess, or transport a firearm on

26 the National Instant Criminal Background Check System. Upon

27 notifying the Federal Bureau of Investigation to update an

 

Page 4

 

1 individual's eligibility information on the National Instant

2 Criminal Background Check System, the agency shall purge any

3 and all records of the sign-up, transactions, and removal.

4 (c)(1) An individual who has registered with the

5 Voluntary Alabama Firearms Do-Not-Sell List may remove his or

6 her name from the list by applying to the district court of

7 the county of his or her residence and proving by a

8 preponderance of the evidence that he or she is not likely to

9 act in a manner dangerous to public safety or to himself or

10 herself. Any public official or interested party may also

11 present evidence during a proceeding under this subsection.

12 (2) A district court, no later than 24 hours

13 following a proceeding under this subsection, shall determine

14 whether or not the individual is likely to act in a manner

15 dangerous to public safety or to himself or herself. The

16 district court shall immediately transmit notice of that

17 determination to the department. The department, no later than

18 24 hours following receipt of a determination made under this

19 subsection, shall remove the individual from the list.

20 (d)(1) The department shall continuously forward

21 registry information to the Federal Bureau of Investigation to

22 be entered into the National Instant Criminal Background Check

23 System, and to any other state that adopts an analogous

24 Do-Not-Sell List.

25 (2)a. No later than one business day from receipt of

26 notice from any other state that has implemented an analogous

27 Do-Not-Sell List that an individual has registered on that

 

Page 5

 

1 list, the department shall add that name to the Voluntary

2 Alabama Firearms Do-Not-Sell List.

3 b. No later than one business day from receipt of

4 notice from any other state that has implemented an analogous

5 Do-Not-Sell List that an individual has removed his or her

6 name from that state's list, the department shall remove that

7 individual's name from the Voluntary Alabama Firearms

8 Do-Not-Sell List.

9 Section 3. (a) Receipt, transport, or possession of

10 a firearm in this state by an individual registered in the

11 Voluntary Alabama Firearms Do-Not-Sell List or on an analogous

12 Do-Not-Sell List within any other state is a Class C

13 misdemeanor punishable by a fine of up to one thousand dollars

14 ($1,000).

15 (b) Transfer of a firearm to an individual

16 registered on the Voluntary Alabama Firearms Do-Not-Sell List

17 by any person or entity required to perform a background check

18 prior to transferring a firearm, either knowingly or due to a

19 failure to perform a background check, is a Class A

20 misdemeanor punishable by a fine of up to ten thousand dollars

21 ($10,000) per violation or imprisonment for not more than one

22 year, or by both fine and imprisonment.

23 Section 4. An individual who knowingly makes a false

24 statement or representation regarding his or her identity on

25 the Internet-based platform or on any hard copy form is guilty

26 of a Class A misdemeanor punishable by a fine of up to ten

 

Page 6

 

1 thousand dollars ($10,000) or imprisonment for not more than

2 one year, or by both fine and imprisonment.

3 Section 5. (a)(1)a. An insurer as defined in Section

4 27-1-2, Code of Alabama 1975, may not inquire whether an

5 individual is on the Voluntary Alabama Firearms Do-Not-Sell

6 List or an another state's analogous Do-Not-Sell List.

7 b. An insurer may not modify the terms of any

8 insurance policy of any individual due to that individual

9 being on the Voluntary Alabama Firearms Do-Not-Sell list or

10 another state's analogous Do-Not-Sell-List, or having

11 requested to be added to or removed from either list.

12 (2)a. An employer may not inquire whether an

13 employee or applicant is on the Voluntary Alabama Firearms

14 Do-Not-Sell list or another state's analogous

15 Do-Not-Sell-List, unless possession of a firearm is a

16 requirement of the employment position.

17 b. An employer may not dismiss, discharge, demote,

18 deny employment, or otherwise alter the terms of employment of

19 any employee or applicant due to the employee or applicant

20 being on the Voluntary Alabama Firearms Do-Not-Sell List or

21 another state's analogous Do-Not-Sell List, or having

22 requested to be added to or removed from either list, unless

23 possession of a firearm is a requirement of the employment

24 position.

25 c. For purposes of this subdivision, an applicant is

26 any individual considered for, or who requests to be

27 considered for, employment or any employee considered for, or

 

Page 7

 

1 who requests to be considered for, another employment position

2 sought by the employer.

3 (3)a. A person may not conduct any unlawful

4 discriminatory housing practice as defined in Section 24-8-4,

5 Code of Alabama 1975, against any individual who is on the

6 Voluntary Alabama Firearms Do-Not-Sell List or another state's

7 analogous Do-Not-Sell List, or has requested to be added to or

8 removed from either list.

9 b. For purposes of this subdivision, an individual

10 being on a list or having requested to be added to or removed

11 from a list shall be considered a handicap as that term is

12 used in the Alabama Fair Housing Law, Sections 24-8-1 et seq.,

13 Code of Alabama 1975.

14 (4) The State of Alabama, its agencies, or political

15 subdivisions may not condition or alter any governmental

16 benefits due to an individual being on the Voluntary Alabama

17 Firearms Do-Not-Sell List or another state's analogous

18 Do-Not-Sell List, or having requested to be added to or

19 removed from either list.

20 (5) An educational institution or state educational

21 institution as defined in Section 16-17-1, Code of Alabama

22 1975, may not inquire whether an individual is on the

23 Voluntary Alabama Firearms Do-Not-Sell List or another state's

24 analogous Do-Not-Sell List unless it is acting as a employer

25 and is in compliance with subdivision (2).

26 (6)a. A health care provider may not deny any

27 service to an individual due to that individual being on the

 

Page 8

 

1 Voluntary Alabama Firearms Do-Not-Sell List or another state's

2 analogous Do-Not-Sell List, or having requested to be added to

3 or removed from either list.

4 b. For purposes of this subdivision, "health care

5 provider" includes any person who is licensed, certified,

6 registered, or otherwise authorized by the law of this state

7 to administer or provide health care in the ordinary course of

8 business or in the practice of a profession.

9 (b) Any person who learns the identity of an

10 individual who is on the Voluntary Alabama Firearms

11 Do-Not-Sell List or another state's analogous Do-Not-Sell

12 List, or who has requested to be added to or removed from

13 either list, may not disclose that information to another

14 unless the person receives prior written authorization from

15 the individual to share that information. A violation of this

16 subsection shall be a Class C misdemeanor punishable by a fine

17 of up to one thousand dollars ($1,000).

18 (c) A violation of subsection (a) shall be a Class A

19 misdemeanor punishable by a fine of up to ten thousand dollars

20 ($10,000).

21 Section 6. (a) All Alabama State Law Enforcement

22 Agency offices open to the public shall provide hard copy

23 forms developed by the Department of Mental Health by which an

24 individual may register on the Voluntary Alabama Firearms

25 Do-Not-Sell List.

26 (b) The Board of Examiners in Counseling, Board of

27 Medical Examiners, Board of Nursing, and Board of Examiners in

 

Page 9

 

1 Psychology shall adopt rules to encourage licensees to inform

2 the public about the Voluntary Alabama Firearms Do-Not-Sell

3 List created by this act.

4 (c) Each circuit clerk shall provide hard copy forms

5 developed by the Department of Mental Health by which an

6 individual may register on the Voluntary Alabama Firearms

7 Do-Not-Sell List.

8 Section 7. No later than June 1, 2023, the

9 Department of Mental Health shall develop and implement a

10 publicity and advertising campaign that, at a minimum,

11 provides the public with information about the Voluntary

12 Alabama Firearms Do-Not-Sell List, how an individual may

13 register, and contacts for additional information regarding

14 the list.

15 Section 8. Information relating to the Voluntary

16 Alabama Firearms Do-Not-Sell list or another state's analogous

17 Do-Not-Sell-List shall not be subject to state open public

18 records laws, including, but not limited to, Sections 36-12-40

19 and 36-12-41, Code of Alabama 1975.

20 Section 9. The Department of Mental Health may adopt

21 rules to implement this act.

22 Section 10. This act shall become effective

23 immediately following its passage and approval by the

24 Governor, or its otherwise becoming law.

​

​

​

Enrolled Copy H.B. 300

1 VOLUNTARY FIREARM RESTRICTIONS AMENDMENTS

2 2023 GENERAL SESSION

3 STATE OF UTAH

4 Chief Sponsor: Steve Eliason

5 Senate Sponsor: Michael S. Kennedy

6

7 LONG TITLE

8 General Description:

9 This bill addresses provisions regarding voluntary firearm restrictions.

10 Highlighted Provisions:

11 This bill:

12 < creates a voluntary firearm restricted list that allows an individual to request:

13 C to be restricted from purchasing or possessing firearms indefinitely; and

14 C removal from the list after 90 days;

15 < directs the Bureau of Criminal Identification (bureau) to create a process for an

16 individual to request to be placed on or removed from the voluntary firearm

17 restricted list;

18 < allows an individual seeking to be placed on a voluntary firearm restricted list to

19 direct the individual's health care provider to deliver the individual's forms for

20 inclusion on the list to the bureau;

21 < directs that when the bureau receives a request from an individual to be removed

22 from a voluntary firearm restricted list, the bureau shall remove the individual after

23 a certain time period after the day on which the individual requests the removal;

24 < removes the requirement for the bureau to enter the information received from an

25 individual requesting to be placed on a voluntary firearm restricted list into the

26 National Instant Criminal Background Check System; and

27 < makes technical and conforming changes.

28 Money Appropriated in this Bill:

29 None

 

H.B. 300 Enrolled Copy

 

- 2 -

 

30 Other Special Clauses:

31 None

32 Utah Code Sections Affected:

33 AMENDS:

34 53-5c-102, as last amended by Laws of Utah 2021, Chapter 166

35 53-5c-301, as enacted by Laws of Utah 2021, Chapter 166

36 ENACTS:

37 53-5c-302, Utah Code Annotated 1953

38 REPEALS:

39 53-5c-101, as enacted by Laws of Utah 2013, Chapter 188

40

41 Be it enacted by the Legislature of the state of Utah:

42 Section 1. Section 53-5c-102 is amended to read:

43 53-5c-102. Definitions.

44 As used in this [part] chapter:

45 (1) "Bureau" means the Bureau of Criminal Identification created in Section

46 53-10-201.

47 (2) "Cohabitant" means [a person] an individual who is 21 years [of age] old or older

48 who resides in the same residence as the other party.

49 (3) "Firearm" means a pistol, revolver, shotgun, short barrel shotgun, rifle or short

50 barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a

51 projectile by action of an explosive.

52 (4) "Health care provider" means a person:

53 (a) who provides health care or professional services related to health care; and

54 (b) is acting within the scope of the person's license, certification, practice, education,

55 or training.

56 [(4)] (5) "Illegal firearm" means a firearm the ownership or possession of which is

57 prohibited under state or federal law.

 

Enrolled Copy H.B. 300

 

- 3 -

 

58 [(5)] (6) "Law enforcement agency" means a municipal or county police agency or an

59 officer of that agency.

60 [(6)] (7) "Owner cohabitant" means a cohabitant who owns, in whole or in part, a

61 firearm.

62 [(7) "Public interest use" means:]

63 [(a) use by a government agency as determined by the legislative body of the agency's

64 jurisdiction; or]

65 [(b) donation to a bona fide charity.]

66 Section 2. Section 53-5c-301 is amended to read:

67 53-5c-301. Voluntary restrictions on firearm purchase and possession.

68 (1) An individual who is not a restricted person under Section 76-10-503 may

69 voluntarily request to be restricted from the purchase [and] or possession of firearms [through a

70 voluntary process].

71 (2) An individual requesting to be restricted under Subsection (1) may request

72 placement on one of the following restricted lists:

73 (a) a restricted list that:

74 (i) restricts the individual from purchasing or possessing a firearm for 180 days with

75 automatic removal of the individual from the restricted list at the end of the 180 days; and

76 (ii) allows the individual to request removal 30 days after the day on which the

77 individual is added to the restricted list; or

78 (b) a restricted list that:

79 (i) restricts the individual from purchasing or possessing a firearm indefinitely; and

80 (ii) allows the individual to request removal 90 days after the day on which the

81 individual is added to the restricted list.

82 [(2)] (3) (a) [The] Subject to Subsections (8) and (9), the bureau shall develop a

83 process and forms for inclusion on, and removal from, a [temporary] restricted list as described

84 in Subsection (2) to be maintained by the bureau.

85 (b) The bureau shall make the forms for inclusion and removal available by download

 

H.B. 300 Enrolled Copy

 

- 4 -

 

86 through the bureau's website and require, at a minimum, the following information for the

87 individual described in Subsection (1):

88 (i) name;

89 (ii) address;

90 (iii) date of birth;

91 (iv) contact information;

92 (v) [the] signature [of the individual]; and

93 (vi) (A) if the individual is entered on the restricted list as described in Subsection

94 (2)(a), an acknowledgment of the statement in Subsection [(8)] (8)(a); or

95 (B) if the individual is entered on the restricted list as described in Subsection (2)(b),

96 an acknowledgment of the statement in Subsection (8)(b).

97 [(3)] (4) (a) An individual requesting inclusion on [the temporary] a restricted list

98 under Subsection (2) shall:

99 (i) deliver the completed form in person to a law enforcement agency; or

100 (ii) direct the individual's health care provider under Section 53-5c-302 to

101 electronically deliver the individual's completed form to the bureau.

102 (b) The law enforcement agency described in Subsection [(3)(a):] (4)(a)(i):

103 (i) shall verify the individual's identity before accepting the form;

104 (ii) may not accept a form from someone other than the individual named on the form;

105 and

106 (iii) shall transmit the form electronically to the bureau through the Utah Criminal

107 Justice Information System.

108 [(4)] (5) Upon receipt of a verified form provided under this section or Section

109 53-5c-302 requesting inclusion on [the temporary] a restricted list, the bureau shall, within 24

110 hours[: (a)], add the individual's name to the restricted list[; and].

111 [(b) enter the information in the National Instant Criminal Background Check System

112 Indices, including:]

113 [(i) the date of the entry; and]

 

Enrolled Copy H.B. 300

 

- 5 -

 

114 [(ii) that the restriction ends 180 days after the date of the entry.]

115 [(5) If the bureau does not receive a request for extension before the removal date, the

116 bureau shall remove the individual from the temporary restricted list.]

117 (6) (a) [An individual who is added to the temporary restricted list] For an individual

118 added to the restricted list described in Subsection (2)(a):

119 (i) the individual may not request removal from the restricted list unless the individual

120 has been on the restricted list for at least 30 days[.];

121 [(b)] (ii) [The] the bureau shall remove [an] the individual from the restricted list 180

122 days after the day on which the individual was added to the restricted list, unless the individual

123 [requests]:

124 (A) requests to be removed from the restricted list after 30 days;

125 (B) requests to remain on the restricted list[.]; or

126 (C) directs the individual's health care provider to request that the individual remain on

127 the restricted list;

128 [(c)] (iii) [Requests] a request for [extensions] an extension shall be made in the same

129 manner as the original request[.]; and

130 [(d)] (iv) [An] the individual may continue to request, or direct the individual's health

131 care provider to continue to request, extensions every 180 days.

132 (b) For an individual added to a restricted list under Subsection (2)(b), the individual:

133 (i) may not request removal from the restricted list unless the individual has been on

134 the restricted list for at least 90 days; and

135 (ii) shall remain on the restricted list, unless the bureau receives a request from the

136 individual to have the individual's name removed from the restricted list.

137 (7) If an individual restricted under this section is a concealed firearm permit holder,

138 the individual's permit shall be:

139 (a) suspended upon entry on the [temporary] restricted list; and

140 (b) reinstated upon removal from the restricted list, unless:

141 (i) the permit has been revoked, been suspended for a reason other than under this

 

H.B. 300 Enrolled Copy

 

- 6 -

 

142 section, or has expired; or

143 (ii) the individual has become a restricted person under Section 76-10-503.

144 (8) (a) The form for an individual seeking to be placed on the restricted list described

145 in Subsection (2)(a) shall have the following language prominently displayed before the

146 signature:

147 ACKNOWLEDGMENT

148 "By presenting this completed form to a law enforcement agency, I understand that I am

149 requesting that my name be placed on a restricted list that restricts my ability to purchase or

150 possess firearms for a minimum of 30 days, and up to 6 months. I understand that by

151 voluntarily making myself a temporarily restricted person, I may not have a firearm in my

152 possession and any attempt to purchase a firearm while I am on the restricted list will be

153 declined. I also understand that any time after 30 days, I may request removal from the

154 [temporary] restricted list and all previous rights will be restored. In addition, if I am in

155 possession of a valid concealed firearm permit, my permit will be suspended during the time I

156 am on the restricted list, but will be reinstated upon my removal, unless the permit has expired,

157 been revoked, been suspended for another reason, or I become ineligible to possess a firearm.

158 Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while

159 outside Utah, I will be subject to the law of that location regarding restricted persons."

160 (b) The form for an individual seeking to be placed on the restricted list described in

161 Subsection (2)(b) shall have the following language prominently displayed before the

162 signature:

163 ACKNOWLEDGMENT

164 "By presenting this completed form to a law enforcement agency, I understand that I am

165 requesting that my name be placed on a restricted list that restricts my ability to purchase or

166 possess firearms indefinitely. I understand that by voluntarily making myself a temporarily

167 restricted person, I may not have a firearm in my possession and any attempt to purchase a

168 firearm while I am on the restricted list will be declined. I also understand that any time after

169 90 days, I may request removal from the restricted list and all previous rights will be restored.

 

Enrolled Copy H.B. 300

 

- 7 -

 

170 In addition, if I am in possession of a valid concealed firearm permit, my permit will be

171 suspended during the time I am on the restricted list, but will be reinstated upon my removal,

172 unless the permit has expired, been revoked, been suspended for another reason, or I become

173 ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or

174 attempt to purchase a firearm while outside Utah, I will be subject to the law of that location

175 regarding restricted persons."

176 (9) (a) An individual requesting removal from [the temporary] a restricted list shall

177 deliver a completed removal form in person to:

178 (i) the law enforcement agency that processed the inclusion form if the individual was

179 placed on the restricted list under Subsection [(3)] (4)(a)(i); or

180 (ii) the individual's local law enforcement agency if the individual was placed on the

181 restricted list under Subsection (4)(a)(ii).

182 (b) The law enforcement agency described in Subsection (9)(a):

183 (i) shall verify the individual's identity before accepting the form;

184 (ii) may not accept a removal form from someone other than the individual named on

185 the form; and

186 (iii) shall transmit the removal form electronically to the bureau through the Utah

187 Criminal Justice Information System.

188 (10) Upon receipt of a verified removal form, the bureau shall, [within 24 hours] after

189 three business days, remove the individual from the [temporary] restricted list and remove the

190 information from the National Instant Criminal Background Check System.

191 (11) [Within] For an individual added to the restricted list under Subsection (2)(a),

192 within 30 days before the 180-day removal deadline, the bureau shall notify the individual at

193 the address listed on the [form and] inclusion form described in Subsection (4) and, if

194 applicable, the law enforcement agency that processed the inclusion form, that the individual is

195 due to be removed from the [temporary] restricted list, and the date on which the removal will

196 occur, unless the individual requests an extension of up to 180 days.

197 (12) (a) A law enforcement agency that receives a request for inclusion under

 

H.B. 300 Enrolled Copy

 

- 8 -

 

198 Subsection (4)(a)(i) shall:

199 (i) maintain the completed form and all subsequent completed forms in a separate

200 file[.]; and

201 [(b) If the individual requests removal before the end of the 180 days, the law

202 enforcement agency shall destroy the entire file within five days after transmission of the

203 information to the bureau.]

204 [(c)] (ii) [If the individual does not request an extension after notification in accordance

205 with Subsection (11), the law enforcement agency shall] for an individual added to the

206 restricted list under Subsection (2)(a), destroy the entire file within five days after the date

207 indicated in the notification if the individual does not request an extension after notification in

208 accordance with Subsection (11).

209 (b) A law enforcement agency that receives a removal request under Subsection (9)

210 shall destroy the entire file associated with the individual within five days after the day on

211 which the information is transmitted to the bureau.

212 [(d)] (c) Upon removal of an individual from [the voluntary] a restricted list, the bureau

213 shall destroy all records related to the inclusion and removal of the individual within five days

214 after the day on which the individual was removed.

215 [(e)] (d) All forms and records created in accordance with this section are classified as

216 private records in accordance with Title 63G, Chapter 2, Government Records Access and

217 Management Act.

218 (13) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah

219 Administrative Rulemaking Act, to develop the process and forms to implement this section.

220 Section 3. Section 53-5c-302 is enacted to read:

221 53-5c-302. Assistance from a health care provider -- Restricted list.

222 (1) An individual who is not a restricted person under Section 76-10-503 and is

223 seeking inclusion on a restricted list under Section 53-5c-301 may direct the individual's health

224 care provider to electronically deliver the individual's inclusion form described in Section

225 53-5c-301 to the bureau.

 

Enrolled Copy H.B. 300

 

- 9 -

 

226 (2) In addition to the inclusion form described in Section 53-5c-301, the bureau shall

227 create a form, available by download through the bureau's website, for:

228 (a) an individual who is directing a health care provider to electronically deliver the

229 individual's inclusion form and require, at a minimum, the following information:

230 (i) the individual's signature;

231 (ii) the name of the individual's health care provider; and

232 (iii) the individual's acknowledgment of the statement in Subsection (4)(a); and

233 (b) a health care provider who is delivering an individual's inclusion forms and require,

234 at a minimum, the following information for the health care provider:

235 (i) the health care provider's name;

236 (ii) the name of the health care provider's organization;

237 (iii) the health care provider's license or certification, including the license or

238 certification number;

239 (iv) the health care provider's signature; and

240 (v) the health care provider's acknowledgment of the statement in Subsection (4)(b).

241 (3) (a) An individual who is directing a health care provider to electronically deliver

242 the individual's inclusion form shall, in the presence of the health care provider, complete the

243 forms described in Section 53-5c-301 and Subsection (2)(a).

244 (b) The health care provider:

245 (i) shall verify the individual's identity before accepting the forms;

246 (ii) may not accept forms from someone other than the individual named on the forms;

247 (iii) shall complete the form described in Subsection (2)(b); and

248 (iv) shall deliver the individual's and health care provider's forms electronically to the

249 bureau.

250 (4) (a) The form described in Subsection (2)(a) shall have the following language

251 prominently displayed before the signature:

252 ACKNOWLEDGMENT

253 "By presenting this completed form to my health care provider, I understand that I am

 

H.B. 300 Enrolled Copy

 

- 10 -

 

254 requesting that my health care provider present my name to the Bureau of Criminal

255 Identification to be placed on a restricted list that restricts my ability to purchase or possess

256 firearms."

257 (b) The form described in Subsection (2)(b) shall have the following language

258 prominently displayed before the signature:

259 ACKNOWLEDGMENT

260 "By presenting this completed form to the Bureau of Criminal Identification, I

261 understand that I am acknowledging that I have verified the identity of [name of individual

262 seeking inclusion on a restricted list] and have witnessed [name of individual] sign the form

263 requesting that [name of individual] be placed on a restricted list that restricts [name of

264 individual]'s ability to purchase or possess firearms. I affirm that [name of individual] is

265 currently my patient, and I am a licensed health care provider acting within the scope of my

266 license, certification, practice, education, or training."

267 (5) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah

268 Administrative Rulemaking Act, to develop the process and forms to implement this section.

269 Section 4. Repealer.

270 This bill repeals:

271 Section 53-5c-101, Title.