Concealed Weapon Permits For Foreigners
by Gerri L. Elder
Most states do not issue permits to carry concealed weapons to people who are not legal residents of the United States. Utah is one of three states that has, but an emergency change of rules in Utah has changed the state's policy.
About half of the concealed weapon permits issued in Utah have been to people who do not live in Utah, but do live in other states in the country. However, a legislative committee in the state has recently learned that about one thousand citizens of other countries have also applied, and received, permits to carry a concealed weapon in Utah and the 30 other states that have a reciprocity agreement with Utah.
Of the approximate one thousand concealed weapons permits issued to citizens of other countries, 400 were to Canadians. Utah has also issued concealed gun permits to people who live in Japan, Colombia, Mongolia, Switzerland, Mexico, and Germany.
The Department of Public Safety realized that Utah had become a hot spot for people who want to carry a gun in the United States but are not residents in the country, and they became concerned.
The Bureau of Criminal Investigation (BCI) noticed several months ago that there were increasing numbers of applications to carry concealed weapons filed by non-residents of the United States. The BCI decided that action was necessary when a firearms instructor let them know that he was planning to go to Israel to teach the concealed-carry classes required by Utah.
But why is Utah the state of choice for the concealed weapons applications of non-residents?
Utah does not have access to the criminal databases of foreign countries. When the BCI tried to do the required criminal background check on a foreign person, the checks came back as "No Record Found." This does not mean that the person didn't potentially have a criminal history, or wasn't an illegal immigrant in the U.S., it just means that Utah did not and does not have access to that information. Thus the stampede of non-residents who may have criminal records or have immigration issues to Utah to get concealed weapons permits, which would allow them to legally carry concealed guns in 31 states.
In order to qualify for a permit to carry a concealed weapon, a person must not have any felonies on his record, no drug or domestic violence charges and no crimes involving moral turpitude. The problem with applicants from other countries is simply that there is no way to determine whether or not they have a criminal past that would ban them from legally carrying concealed weapons.
Last year Utah issued 60 percent of its concealed weapon permits to people who never even had to set foot in the state, pass any kind of test or even fire a weapon.
The BCI stepped in during August and halted the issue of concealed weapons permits to non-resident foreigners with an emergency rule change. After 90 days, documented resident immigrants may apply. Prior to the rule change, foreign nationals only needed to buy a hunting license to apply for a concealed weapon permit.
On September 25, the Administrative Rules Review Committee in Utah agreed with the BCI's decision to deny concealed weapon permits to non-resident foreigners whose home countries do not allow full access to the criminal backgrounds of applicants. The rule effectively blocks the applications of all non-residents, even Canadians, because no country allows the BCI adequate access to the criminal history files.
Richard Wyss, legal counsel for the Bureau of Criminal Investigation, referred to several ambiguities in Utah's concealed weapons law and said, "I don't think the statute is clear. The department is trying to figure out what the Legislature meant."
Three members of Utah's Administrative Rules Review Committee admitted that the concealed weapons law baffled them. One representative suggested that the committee look into an overhaul of the statute during the next session. Considering the confusion, that is probably a good idea.
For now, one thing is clear. People who do not live in the United States will no longer be able to rely on Utah to give them a permit to carry concealed weapons.