Appeals and Reasons for Denial
Utah’s BCI (Bureau of Criminal Identification) is responsible for reviewing applications for concealed firearm permits (sometimes referred to as “concealed carry permits”). If all of the requirements for a permit are met, then BCI should approve the application and issue the permit. There are, however, several circumstances that can result in a denial.
Conviction in Criminal Cases
One of the most common reasons for denial of a permit application is a prior conviction from a criminal case. Some convictions will automatically result in a restricted-person status, under which a person is not legally allowed to own, possess, or use a firearm. But other less serious convictions, while they will not restrict a person’s right to own or use a firearm, can still be grounds for BCI to deny a concealed firearm permit. Crimes that can be grounds for denial include:
- Domestic violence convictions;
- Violent crime (non-domestic)
- Felony convictions;
- Crimes involving alcohol, narcotics, or controlled substances;
- Convictions for crimes involving “moral turpitude.”
Applicant is a Danger to Self or Others
BCI can also deny an application if it is determined that the applicant “has been or is a danger to self or others.” Such a determination must be based on evidence but does not require proof of a prior criminal conviction. Evidence can include:
- Prior threats of or acts of violence; conduct involving unlawful violence or threats;
- “Past participation” in incidents involving threats or violence; and
- Prior weapons-related convictions.
In making a determination, BCI is allowed to consider juvenile court records and records of adult convictions, even if those records have been expunged.
If a person is already considered to be “restricted” for purposes of firearm use or possession, either under Utah law or under federal law, BCI will not issue a concealed firearm permit. If a person is aware of being in a restricted status, the grounds or reasons for that status should be addressed before even beginning the process of applying for a concealed firearms permit.
Discretion and Appeals
Some reasons for denial are absolute. Other denials can be based on discretionary reasons that may be reversed in an administrative appeal or review process. Where a denial is based on discretionary reasons, the applicant has a right to appeal and to present mitigating circumstances to the Concealed Firearm Review Board.