PDA

View Full Version : Utah CCW revoked b/c of DUI?


EBWhite
11-19-2007, 3:42 PM
I know someone who got a DUI in CA and has a Utah CCW. Does Utah automatically revoke the CCW? If so, when does it happen?

nothing4u
11-19-2007, 3:44 PM
Is a DUI a misdemeanor or felony?

EBWhite
11-19-2007, 3:46 PM
1st time offense, misdemeanor

metalhead357
11-19-2007, 6:07 PM
AND wheteher or not he was actually carrying CCW while it occured could/would have a lot to do with the charge(s) filed and whther or not he keeps it.............

EBWhite
11-19-2007, 7:09 PM
Nothing was being carried during the DUI incident.

I did not get this DUI, I was asking for someone else.

Kestryll
11-19-2007, 10:06 PM
Thread clean up completed, we now return you to your discussion, already in progress.

MedSpec65
11-19-2007, 10:15 PM
I completed Jim Amentler's class and got my Utah permit a few months back. I don't recall reading anything that would suggest you'll lose your permit for a misdemeanor drunk driving charge in another State that has no reciprocity or permit status in Utah.
Utah Code Annotated Firearm Laws (UCA): 53-5-704 Division duties-Permit to carry concealed firearm-Certification for concealed firearms instructor-Requirements for issuance-VIOLATION-DENIAL, SUSPENSION OR REVOCATION- Appeal precedure:
3.
a. The division may deny, suspend, or revoke a concealed firearm permit if the licensing authority has reasonable cause to believe that the applicant has been or is a danger to self or others as demonstrated by evidence including, but not limited to:
i. past pattern of behavior involving unlawful violence or threats of unlawful violence.
ii. past participation in incidents involving unlawful violence or threats of unlawful violence; or
iii. conviction of any offense in violation of Title 76, Chapter 10, Part 5, Weapons.
b. The division may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
c. In determining whether the applicant has been or is a danger to self or others, the division may inspect:
i. expunged records of arrests and convictions of adults as provided in Section 77-18-15; and
ii juvenile court records as provided in Section 78-3a-206.
d.
i. If a person granted a permit under this part has been charged with a crime of VIOLENCE (my caps)in Utah or any other state, the division shall suspend the permit.
ii. Upon notice of the acquittal of the person charged, or notice of the charges having been dropped, the division shall immediately reinstate the suspended permit.

These are the only code sections I can find in the study manual Jim provided that address your question. My take on it is that crimes involving weapons or violence are about the only way to get your permit suspended.

artherd
11-19-2007, 11:24 PM
I'm unaware of the grounds by which a non-violent misdemeanor would be relevant to Utah CCW.

Charged, or convicted?

FreedomIsNotFree
11-20-2007, 12:23 AM
If your friend had a DUI within 5 years of application it would have been denied. I dont know if they continuously look to see if their CCW permit holders received DUI's after the permit has already been issued. Considering it is out of state, I would think it is not too likely, but possible.

Pvt. Cowboy
11-20-2007, 12:55 AM
I know someone who got a DUI in CA and has a Utah CCW. Does Utah automatically revoke the CCW? If so, when does it happen?

Nevada periodically runs background checks on it's CCW holders. If something turns up in the state of NV or the holder's state of residence that would require pulling the card, they'll contact the holder and tell them it's been rendered invalid. Alcohol-related misdemeanors are certain grounds for termination.

NV's recent establishment of CCW reciprocity with UT and other states required that those states perform the same type of periodic background check of licensees, in addition to all the other things NV was interested in such as demonstrated firearms training and so forth.

So, I would probably expect that UT is going to eventually yank the CCW of the person in question for at least the duration of whatever probation conditions result from the outcome of the alcohol-related offense. UT is not a particularly friendly state towards alcohol, not to mention drunks, and especially not drunks with guns. That goes double for out of state drunks with guns.

I have no idea when or if UT will ever get around to it, but I would probably expect that CCW permit is gone-zilla once UT gets word. They'll send notice to every state they have CCW reciprocity with, I would expect.

LECTRIKHED
11-20-2007, 7:21 AM
While I understand that everyone makes mistakes, there is no excuse for getting a DUI. It is really simple, if you are going to be drinking, don't drive. If you need to drive somewhere, don't drink before.

Knauga
11-20-2007, 11:14 AM
Exactly. If you do not have the proper judgement to not drink and drive, you are likely not going to have the proper judgement to not drink and carry.

FreedomIsNotFree
11-23-2007, 11:54 PM
I found this while searching...take it for what its worth...

This is an article found in the Salt Lake Tribune...
http://www.sltrib.com/ci_7467543?source=rss

State clears gun-permit jam

The state agency that issues concealed gun permits has caught up with a backlog of more than 10,000 applicants - all clamoring for what gun rights supporters call the most sought-after weapon permit in America.

Nearly half of the 28,000 permits issued this year will go to out-of-state residents. Utah has issued more than 100,000 concealed gun permits since the program began in the early 1990s.

Ed McConkie, chief of the Bureau of Criminal Identification, told the Law Enforcement and Criminal Justice Committee on Wednesday some rule changes, including one that allows the BCI to keep the fees it collects for concealed weapon permits, has allowed the agency to catch up on its backlog of background checks.

Under law, the agency must issue the permit within 60 days. Before the new rule took effect, the waiting period had reached 120 days, violating the statute. Now it's 49 days for Utah applicants and 53 days for out-of-state residents.

But McConkie warned the new rules have only been in place four months. "We will not know some of the conclusions that we are all looking for for at least another year."

Utah charges only $55 per application for the concealed permit. Though applicants must pass a gun safety course, they are not required to fire a gun or even set foot in Utah to apply. "When you compare it to other states, it's a great deal," McConkie said.

Through reciprocity agreements, Utah's permit allows holders to carry a concealed gun in 34 states. More than 1,000 nonresident citizens of foreign countries, from the Congo to Switzerland, have been issued Utah permits.

While Utahns have their criminal records screened almost daily, out-of-Utah permit holders don't face another background check until their five-year renewals. Lawmakers have begun the process of drafting a bill to address inconsistencies in the statute.

* 8,743: permits issued since July 1
* 23,664: permit applications so far this year
* 238: permits revoked in 2007
* 255: permits suspended in 2007
Source: Utah Bureau of Criminal identification

chiefcrash
11-24-2007, 12:06 AM
Thread clean up completed, we now return you to your discussion, already in progress.

I love you Kes. Not only do you clean things up, but you manage to squeeze a little humor in as well...

FreedomIsNotFree
11-24-2007, 12:19 AM
I love you Kes. Not only do you clean things up, but you manage to squeeze a little humor in as well...

Get a room...:eek:

chiefcrash
11-24-2007, 12:29 AM
Get a room...:eek:

rawr...