ST. GEORGE — There is no shortage of gun legislation listed for this year’s general session of the Utah Legislature. Among them is a bill that, if passed, would allow individuals involved in the private sale of firearms an option to check the background of the person they are selling to or buying from.
The sale of firearm amendments bill, officially designated as HB 226 in the 2023 Utah Legislature, directs the Utah Bureau of Criminal Investigation to create an online process that allows someone involved in a private firearms sale to see if the person they are selling to: has a valid conceal carry permit or is an individual restricted from owning a firearm due to being a felon.
Conversely, the person who is on the purchasing end of the deal would be able to check if the gun they are about to buy has been reported stolen or not.
While checking the background of a potential buyer or seller, the individual using the proposed database would also be warned that they “could be criminally prosecuted for selling or purchasing a stolen firearm or selling a firearm to a restricted person,” according to the language of the bill.
“It provides what I call a thumbs up, thumbs down process,” Rep. Cory Maloy, R-Lehi, the bill’s author, told St. George News over the phone on Wednesday.
If passed, use of the database would be completely voluntary, Maloy said, adding agencies and governments could not use it or require its use by private citizens.
As for why Maloy’s bill wouldn’t outright require background checks for private sales, he said that could invite Second Amendment infringement issues.
“That becomes a gun control situation that infringes on people’s Second Amendment rights,” he said. “So that would be the answer to that question. This is completely voluntary. People don’t have to do it today, and they don’t have to do it (if the bill passes). With this in place, it’s just if they really want to do it, and both parties agree to it. So there’s no coercion or forcing anybody, it just becomes another kind of check mark for people who are contemplating a firearm transaction.”
Some individuals already engage in a type of background check for the private sale of firearms by requiring a Utah driver’s license or conceal carry permit, which Maloy said he’s done himself.
A state database would simply provide a more convenient means of allowing a private seller to check and make sure a conceal carry permit is valid, if a person shouldn’t be sold a gun or if the gun they want to buy is legal and not stolen by running its serial number.
“So it’s a way to protect both people’s Second Amendment rights during a firearm transaction, and gives people a little more reassurance of who they’re maybe selling or buying a firearm from,” Maloy said. “And none of it’s required, I can’t stress that enough.”
Maloy also said he believes the bill has a good chance of passing through the House and Senate to become law. However, there’s still some education to be done among his fellow legislators as they ask their own questions about the bill’s purpose, he said.
As of Wednesday evening, the bill has been introduced to the House and has yet to be heard in committee.
Currently, under Utah law, the private sale of firearms does not require a background check if done between Utah residents.
Last year this point was reinforced by the Legislature when it passed a law reiterating that counties and municipalities within the state cannot require background checks for the private sale of guns done on county or city property.
Salt Lake County had used a loophole in state law to pass an ordinance in 2020 regulating private gun sales done at county-owned venues. The Legislature stepped in and shot down the county ordinance by clarifying that the authority to regulate firearms is in the hands of the state only, and cannot be exercised by counties or municipalities within the state.
Maloy was a sponsor of that bill and has run other firearms-related legislation in the past, including a House resolution in 2019 that declared Utah had enough gun law on the books. The resolution also stated the state needs to enforce its current firearm laws before passing new ones.
Check out all of St. George News’ coverage of the 2023 Utah Legislature here.
Copyright St. George News, SaintGeorgeUtah.com LLC, 2023, all rights reserved.