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Senate passes bill implementing parts of Brady checks for firearm purchases
Summary
The Senate approved a bill implementing elements of the federal Brady framework for dealer firearm purchases, clarifying dealer-only checks, recordkeeping and allowing but then deleting a local-authority clause; senators debated local 5‑day waiting periods and technical amendments before passage.
The Utah Senate on Feb. 22 passed legislation that implements portions of the federal Brady Act for dealer firearm purchases, including provisions intended to preserve instantaneous checks through the state division while clarifying that the bill applies to federally licensed dealers.
Sen. Marine (first referenced at SEG 833) introduced a package of amendments clarifying a federal-code citation, limiting language to dealer sales and changing recordkeeping references from “complete” to “any.” Sponsors described several amendments as friendly and accepted them on the floor. One consequential floor vote deleted a clause that would have explicitly allowed local law-enforcement authorities to create and administer their own criminal-background-check program that complied with Brady and could, if they chose, use a longer—up to five-day—waiting period. The deletion removed language that would have explicitly enabled local 5‑day local-administered waiting programs.
Proponents emphasized that the state currently offers an instantaneous check through a central division and that the bill preserves that system; opponents and questioners raised concerns about local discretion and whether deletion would deny locally desired cooling-off periods. The Senate read the bill for second and third times under suspension and recorded a roll-call vote; the clerk reported S.B. 246 as passing with 25 ayes and no nays and it was transmitted to the House for further consideration.
Floor debate included technical clarifications and discussion of the $5 fee that accompanies checks and how revenues might be split if local entities implement checks; senators said the clerk’s office and BCI would monitor implementation and fees.
