DONNA'S LAW FOR SUICIDE PREVENTION
Preventing Suicide Through Voluntary Firearms Purchase Delay Act
DONNA'S LAW
Model Bills: Alabama and Utah
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.
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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:
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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]
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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
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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.
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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
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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.
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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
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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.
