H.B. 101 Firearm Background Check Amendments: transcript

It's already adopted. Great. Okay.

Thank you, Mr. Chair. It's good to be here. Okay. HB 1 0 1 Fire Background checks is a pretty simple easy bill. Uh, it, so to this point, it's received, uh, bipartisan support and, uh, so I'm very grateful for that. And also the opportunity to present this to you. The, uh, what HB 1 0 1 does is it eliminates the background check in the, the Utah State background check for firearms that are transferred through the, uh, federal National Firearms Act NFA approval process. And the reason for that is it's a, it's very, very duplicative. The, uh, it, if you're purchasing a product that's, uh, regulated and you have to register and get a background check from the National Firearms Act, you've already gone through a very intense background check. 'cause you're not gonna get any of these products without, uh, doing that. So, uh, if, if you were one of those people who purchased the product and you went through that whole background check with the federal government, um, then you would have to go through the nor the regular state background check, uh, as you would when you purchased a, a normal firearm. It's very duplicative. It costs a lot of money. So this bill, what it does is, is, uh, eliminates the need for the state background check. And, uh, uh, it, what it doesn't do is it doesn't eliminate a background check at all. It just relies on the federal government's background check. And once that's done, uh, you have to do that within 30 days of being approved by the, uh, federal government. And then you can go and pick up your firearm from the dealer that you bought it for. So it doesn't require, uh, it will not require an, an additional background check for the consumer or for the, uh, licensed firearm dealer who would be selling the product with the, uh, approval of the Fed the Feds. So that's basically the, uh, the bill. I can, uh, go through the, the products that are covered by this if anybody would like me to. Um, but I'm open to questions. Thank you, Mr.

Yeah. Yeah, I'm good with that. Okay. Uh, all right.

Go ahead. Senator Sandall, uh, Stratton. So moved.

Very well, thank you very much, Mr. Chairman, members of the committee. I wanna thank this committee for bringing the, for, for scheduling this. Uh, we appreciate it. We know you've got a lot of stuff to do. I'll keep this very brief. Um, so it, representative Malloy did a fantastic job of explaining it, and so it is, it is a, we're just getting rid of a duplicitous. Hope I said that right. A duplicitous. Um, uh, the form, if you will, and I'm gonna hold up for the camera. This is the bottom of page two. It's not quite focused. I dunno if you can see it. This might be blurry, but anyway, right now, the A TF actually, um, um, anticipates that we're not gonna run another background check. They, they have a check mark right here, and it says no next check is required if you check box it, because a background check was performed within the last 30 days. We just hadn't been going along with the, uh, with the ATFs en encouragement. Um, and you're still gonna have, in fact, this is quite a background check. It also includes, it's not just like a regular, it includes photographs, fingerprints, your, that that item is literally registered as opposed to any other item you might buy from a gun store. So we would encourage that. I should probably say I am Clark of Potion. I represent the Utah Shooting Sports Council and the National Shooting Sports Foundation on this one. And we encourage its passage. Thank you very much.

Thank you, Mr. Chairman. I would make a motion that we pass out House Bill 1 0 1 with a favorable as amended with a favorable recommendation.

It's a good bill.

Thank you. Thank you Mr. Chair, members of the committee. It's good to be before this committee. Don't get to come to this committee very often. Um, probably 'cause it's not a major committee. Sorry. Sorry. Representative Peterson. Yeah. Yeah, yeah, we heard that already. That joke's getting old, isn't it? Okay. So this bill, we're gonna talk a little bit about the National Firearm Act, uh, or NFA approved list of, uh, firearm firearms and, uh, accessory products that go with those. Uh, and I'll tell you, uh, listening to that last, uh, bill, this, that's probably the solution you have. You could have all those toys listed in the NFA list. And, uh, I, I don't know, what do you think, Clark? Anyway, lemme get to the bill. Okay. This is HB 1 0 1. Uh, I just want to, uh, let the committee know that two of my favorite things are the Second Amendment and deregulating, uh, laws here in Utah. And this bill does, uh, both of those. So it's a, it's a really good bill. But, uh, Utah, as we know, is a, a strong Second Amendment. State law abiding citizens have a constitutional right to keep and bear arms, and our laws should spec respect that. Right. HB 1 0 1 is about treating responsible gun owners and licensed dealers with fairness and respect, not subjecting them to unnecessary duplicative government process processes that do nothing to improve public safety. Before HB 1 0 1 law abiding Utah, Utah's must clear a full federal NFA approval process and then still undergo a separate state background check for the same transfer. So we're talking about people who apply to, uh, get an NFA controlled, uh, firearm. And I can go through the list of what that includes here in a little bit. Uh, and then they have, they go through a very strict and thorough and detailed background, uh, before they can get that approval from our federal, federal brothers and sisters. And, uh, but then when they do get approved, then they come back to, uh, Utah to actually obtain the, uh, firearm. Uh, and then they have to go through a similar background check, uh, here in the state of Utah. So the, uh, they have to do it twice. And, um, what this bill would do is eliminate the Utah part. It doesn't, it's duplicative, it's not necessary. All of the checks that would be done in Utah have already been done and are readily available to, uh, law enforcement and officials who might need that information. And so we're just eliminating that duplicative effort. Uh, Utah law currently requires background checks for firearm purchases. I think everybody knows that. And that framework will remain fully intact. The law repeats background checks even after an individual has already completed an extensive federal approval process, particularly for firearms regulated under the National Firearms Act, which we covered, that redundancy serves no public safety purpose and unnecessarily burdens lawful citizens and federal licensed businesses. So that's basically the bill. And, uh, if you'd like, I'd be glad to answer questions or go through this list so everybody knows what we're talking about. And, uh, come from there, Mr. Chair.

Thank you, Mr. Chairman. Um, if you could, Corey, I support the bill. I'm just wondering if, if I've had A-A-N-F-A firearm background check done, what proof do I get or how do I know that for the next 30 days? I'm, I'm good. I maybe just walk me through how that process works.

Yeah, uh, lemme pull up my notes so I see it. Right. So the, the current process is to ch you, you choose an NFA compliant firearm or device, uh, then you submit a federal a TF application for that device. And then, uh, then part of that application includes fingerprints, photo, and federal background check. Then you pay the federal tax stamp, which is $200 for most items, uh, and it must be paid before approval. And then you wait for the, uh, A TF approval. Approval is required before possession review time can range from months to longer. Once approved, the A TF issues, an official approval notice. I think some people call 'em stamps, but, uh, it's a notice. And at that point, the individual is federally authorized, the firearm device is registered, and the applicant has cleared all federal vetting. So that's basically the process. And then after all of that's done, then you go back and have to basically re do the whole thing here in the state of Utah. Can you, so you can just take that notice to them and say, I don't need a background Check. Yeah, you have, I I think it's 30 days to, to take care of all that.

Okay. Thank you.

Thank you. I was still contemplating my question. It's a good bill. Well, I, I would expect nothing less from you. Where's ulbrich? I, I like, I like saying It. Okay, I'm trying to comprehend this because this is out of my area of expertise, but So what you're saying, essentially is a person has already undergone a background check. I mean, I don't wanna vote for something that says you don't have to get a background check.

No, that's not what this says.

Right? They've already gotten one, but now they're selling it so they shouldn't have to get another one. Is that, is it re the redundancy of this? It's, you're

Saying No, the redundancy is in the purchase.

Oh. So if I wanted to get like, uh, a suppressor, a silencer, uh, that is, that falls in this category, I can buy those here in Utah. But I have to go through that whole federal, uh, check to do that. And then once I get that approval, then I can take that approval back to the, uh, the dealer that's selling it to me and show that I've been approved by the feds and then they can, well, and then currently I would have to do the whole thing again here in Utah. And so instead of doing that, we would eliminate that part because the, uh, background check and so on with the federal government was so thorough. And it's basically the same thing. And every, everybody that would need access to that would have that access. Okay. So if I vote for this bill, I wanna make sure I can explain it to constituents who might ask me why I voted. It's a slippery slope to supporting the Second Amendment, but other than that, I couldn't, I couldn't answer that for you. But you are saying it would be redundant to have to do it all over

And then once I get that approval, then I can take that approval back to the, uh, the dealer that's selling it to me and show that I've been approved by the feds and then they can, well, and then currently I would have to do the whole thing again here in Utah. And so instead of doing that, we would eliminate that part because the, uh, background check and so on with the federal government was so thorough. And it's basically the same thing. And every, everybody that would need access to that would have that access.

Again. Yes, it would.

Okay. Thank you very much.

Sorry that, that, uh, created another question in my head. So if I go through this whole process for a silencer, let's say I've never done this, but I need to try this process out. Um, and I decide after I've got my approval that I wanted to buy a second one, what I have to go through this entire process again, or because I have my qualified stamp or qualify my approval, could I then buy two at the same time as opposed to having to wait to go through the process again?

You know, uh, that's a good question. I would assume that it would be just like when you go to a retail gun store and you purchase a firearm, you have to fill out the application and the background check has to be done, and that's on every firearm. So, uh, I would assume it would be very similar to that. Okay. And, uh, Clark Repoin is gonna come up here and he could probably clarify that for me if I said it wrong. Alright.

Presentation. Yeah, he's gonna clarify all the things I said wrong. Did

You want, uh, hi, I'm Clark Apoian, I chair of the Utah Shooting Sports Council. And uh, are we still on the, uh, the firearm background check bill? Yeah. Okay, good. Yes. We're, I was, I was speaking with, with with Fox 13 here for a sec. Um, anyway, Did you catch the part about adding the toy guns to the, the NFA list? Adding what? Guns, Nevermind. Oh, I dunno. We're gonna have to chat. We're gonna have to chat about that. Um, so I represent the Utah Shooting Sports Council and the National Shooting Sports Foundation. Um, on this, we encourage a yes vote. So essentially what we've got here, there's two different kind of classes of firearms. Your regular firearms, you go in, you fill out the background, check what called the 44 73 form. They do the background check, and you walk out with the gun with these, the NFA items. They're suppressors, shorter barreled shotguns and rifles and that type of thing. Um, those are federally controlled and very restricted. So they require fingerprints, photographs, um, you know, all the, the, the necessary items about that firearm and you, and they run the background check. And sometimes it can take a, I waited a year to get, I think it was because I was suing the at TF at the time. But Clark, Clark, I'm sorry to interrupt. Could you ask answer Representative Peterson? I Didn't hear the question then. Representative Peterson, I'm sorry, what was the question? Thought He thought he was presenting. I'm Sorry. I thought he was presenting. That's okay. So my question was, and I think it's been answered, is if, if I receive my approval from to purchase a device from the A TF or from the NFA, could I buy another device with that same approval? Or do I have to go through the whole process Again? No, no. Yeah, because, uh, you cannot, uh, because that item is now registered via serial number and your name, and it's the oing only type of firearms that are literally registered in Utah are those type of guns in there. And you actually have to carry the paperwork with you anytime you're in possession of that item. Okay, thank you. Sorry, I'll stop my presentation.

That's okay. So my question was, and I think it's been answered, is if, if I receive my approval from to purchase a device from the A TF or from the NFA, could I buy another device with that same approval? Or do I have to go through the whole process

It is. Go ahead. Um, so this is a fun new area for me as well. Um, can you explain to me what type of guns you need? A background check?

Yeah, I'll go, I'll just go through the list. Okay. It would include, uh, Let me clarify. She means this background check Yes. As opposed to all firearms Required. This background check, correct. Other, The, the federal one for NFA? Yeah. Okay.

So it includes machine guns, uh, short barrel rifles, short barrel shotguns, suppressors and silencers or silencers, uh, destructive devices. Uh, this, that one, uh, representative ship will be very interested in that. Destructive devices includes grenades, bombs, rockets, mines, large bore firearms bore diameters greater than 50 calibers. I mean, I could be, yeah, I could like these ones too. So you, okay. So you and Representative Shipp and, uh, any other weapons, which is a catchall for category for concealable or unusual firearms, including dis sky firearms, disguises it as objects, uh, smooth board pistols, short concealable firearms that don't meet rifle, shotgun and definitions. So that kind of stuff.

Thank you so much. Thank you for

that clarification. You welcome. Thank you. Alright, Mr. Chair, I wanted to go through that list anyway, so,

Thank you very much Mr. Chairman, members of the committee. My name is Clark Opo. I chair the Utah Shooting Sports Council and also represent the National Shooting Sports Foundation on this, uh, this very good piece of legislation that I would probably call housekeeping because we're already doing a background check, includes fingerprints, photographs, all your horsepower that you've got on there includes the serial number and the weapon, your address, everything, and it's connected directly to you. It is true registration, if you will. You have to wait for the approval to come back from the, uh, from the feds. And like I said, I waited up to a year and you get that paperwork and you have to carry it with you. The A TF and the FBI already anticipate not having to do another background check as long as you pick up the item from the gun store within 30 days of the approval. And the approval is marked very prominently on your registration paperwork. Uh, there's even a check mark or a box that's on the paperwork that says within 30 days it doesn't need, uh, the A TF and the FBI do not, uh, need another background check for that transfer. Uh, and we encourage, we, we think this is, is honestly, you know, other states are already doing it, red and blue states, and it, uh, it'll cut down on a lot of needless paperwork. So thank you. I encourage a yes vote.

Rael Cunningham, uh, with Women for Gun Rights, um, we just wanna encourage a yes vote again on this just because it is so redundant. Um, all the, the checks have been checked through the federal government. Um, there's no need to do it again at the state level within that 30 days. So we just encourage a yes vote on that. Thank You. Okay, thank you.

Yeah. Thank you Mr. Chair. I'd like to move that we pass that with a favorable recommendation. HB 1 0 1 firearm background check in.

And I'd like to speak to that. Can I speak to it, Mr. Chair?

especially since you noticed that I'd probably like some of those, uh, those arms. So, uh, but that made me curious about some of 'em. So maybe I'll look into that a little bit. Representative. But I, I I think it's important that, uh, we do things that are gonna help our citizens to simplify the process and not be redundant in what we do. Thank you.

I think there's been good discussion and I think I've covered everything, so I'll waive. Thank you.

Thank you, Mr. Chair and members of the committee.

Adam Reading Clerk House Bill 1 0 1 firearm Background check amendments by Representative Maloy. This bill was heard in public utilities and energy with a vote of 9 0 3.

Thank you, Mr. Speaker ProAm. Um, HB 1 0 1 eliminates duplicative background checks when a firearm transfer has already been fully vetted through an extensive federal National Firearms Act or NFA approval process. Basically what happens is there's a, there's a, a list of firearms and firearm accessories that, uh, the federal government heavily regulates. Uh, and you have to get a, uh, a background check and you have to get approval from the federal government to, uh, purchase those uh items. When you do that, then you receive approval and then from the federal, from from the feds, and then you can go and obtain the, uh, purchase of that, uh, product. But you have to also pass a second background check here in the state of Utah. So what this bill does is eliminates the background check, uh, on NFA products only, uh, in the state of Utah once you've already received that approval of the background check from the federal government. And, uh, so it just eliminates a duplicative process, uh, eliminates the associated costs and so on. And so what I'd like to certainly point out is that it does not eliminate back background checks as we know them. If you go to a firearm store, for example, to purchase a firearm, you have to go through a background check. It doesn't eliminate that. Just the, uh, just the, uh, state. You wouldn't have to do that if you'd already received approval from the federal government on an NFA related product. And that's basically it.

Uh, thank you. I think it's a, it's a great bill. It protects our Second Amendment rights and, uh, uh, helps remove a layer of, uh, regulation that's just not necessary. Thank you.

If the individual has received an approved application within the last 30 days for a cell or transfer of a firearm from the Bureau of Alcohol, tobacco, and Firearms and Explosives, and clarifies that this federal firearms license does not exceed, undergo criminal background check for transfer of a firearm to a federal firearms license and makes technical changes. With that, I'm open to questions, Discussion to the bill.

Thank you Mr. President Pro Tem h HB 2 38 is a bill designed to protect Utah rate payers, electricity rate payers. Does by this, by establishing a new statutory framework,

Thank you Mr. President. Uh, this Bill exempts an individual from undergoing a background check for the sale of a, or transfer of a firearm that is related under the National Firearms Act. If the individual has received an approved application within the last 30 days for the cell or transfer of a firearm from the Bureau of Alcohol, tobacco, firearms and Explosives, and it clarifies that Federal Firearms License does not need to undergo a criminal background check for the transfer of a firearm to the Federal Firearm's license and makes technical changes. With that, open to questions.

Question is, shall House bill 1 0 1 pass Rfe vote. Senator Vickers Baldy Lewin Brammer Bus Colmore a Escamilla Gilmore Aye. Grover Aye. Harper Kins Aye. Ipson Johnson k Juab McKay A Johnson Mikel Aye. Milner Musselman Owens pitcher Plum Rebe Sandal Stevenson Stratton Bickers Miler Aye. Wilson Winterton, president Adams Aye.

Thank you very much Mr. President, I would like to encircle first substitute House Bill 1 32.

These, these are minor amendments, uh, to some military affairs issues related

You Mr. Speaker. I'd like to make a motion to concur with the Senate That motions ordered. I speak to it. Yes. It just, uh, we had to do an amendment to just correct a little bit of the language in the bill. So, uh, no big deal.