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CCW Permit Holders No Longer Suspended Until Sentenced For A Crime

House Bill 395 has been signed into law. This new bill amends a few laws directly relating to concealed carry permits and the transfer of firearms. Lets start with 53-5-704 which clarifies the entire CCW program from applications, renewals, denials, and instruction credentials.

Previously statute allowed for BCI to suspect a Concealed Carry Permit when a permit holder was charged with a crime of violence. At first glance this would sound like a good thing but look twice at the word “charged.” A little scary to think that you might be charged with a violent crime and therefore be without a valid permit until proven innocent. Now, these two lines have been stricken from the law:

If a person granted a permit under this part has been charged with a crime of violence in any state, the bureau shall suspend the permit.
(ii) Upon notice of the acquittal of the person charged, or notice of the charges having been dropped, the bureau shall immediately reinstate the suspended permit.

The second change in House Bill 395 is an amendment to 76-10-503. Essentially illegal aliens (persons in the United States illegally) have been changed from being classified as A Category II Restricted Person to A Category I Restricted Person. What does this mean? It means that if illegal aliens are found in the possession of any firearm is guilty of a second degree felony when previously they would have only been guilty of a third degree felony.

There are a lot of other subtle changes in this section and I would suggest you review it all here, but also take note that you are breaking the law if you knowingly sell or transfer a firearm to a restricted person.

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