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Changes to concealed firearm permit laws leave many owners, shops confused

Posted at 5:40 PM, Jun 01, 2023
and last updated 2023-06-01 19:40:19-04

OREM, Utah — Many Utahns are left confused about their gun rights after a recent series of changes in legislation that might affect non-immigrant visa holders' ability to obtain concealed firearm permits.

John Rodrigues, a Utah concealed carry instructor who moved to the state from Brazil, developed a deep interest in the Second Amendment of the United States Constitution. Inspired by this constitutional provision, Rodrigues turned his passion into teaching and became a concealed firearm permit instructor in 2019.

Many of his students are non-immigrant visa holders studying in the United States.

"Basically, people that come here to study English or another language come on an F1 visa or F2," Rodrigues explained.

However, Rodrigues received a notification one day informing him that the firearm law for non-immigrant visa holders in Utah was changing under House Bill 225.

"I got an email from BCI," Rodrigues recalled, "and they told me that no immigrant, such as international students, would be able to purchase a firearm or apply for a concealed carry permit anymore."

In a statement issued by the Bureau of Criminal Identification, they said in part:

"After the passage of HB225, BCI informed approximately 2,000 Concealed Firearm Permit (CFP) instructors, which made it illegal for non-immigrant aliens to purchase firearms in Utah, rendering them ineligible for a CFP, unless they had a valid hunting license and a visa specifically for hunting/sporting purposes. A follow-up letter notified instructors that the language in HB225 was under reconsideration by the Utah State Legislature. During the special session, HB1002 removed language affecting non-immigrant aliens and firearms and was signed into law on May 18, 2023."

Consequently, the law regarding gun rights for non-immigrant visa holders in Utah has reverted to what it was previously, allowing them to have a CFP and purchase firearms.

Despite this, Rodrigues mentioned that numerous gun stores were refusing to sell firearms to international students due to a lack of information about the changes made in close succession.

Willy Ludlow, the manager at Ready Gunner Gun Shop, says gun shops have been confused. He shared an incident involving a Brazilian customer who possessed a concealed carry permit and proper documentation.

"I can't just take someone's word based on what they're showing me, so we checked with the BCI," Ludlow said.

After they were able to confirm where the law stands, Ludlow was able to sell to the individual and the shop now knows they are still able to sell to those with non-immigrant visas, but other gun stores may not.

Ludlow and Rodrigues both emphasized the significance of gun owners and shops proactively seeking clarity from the appropriate agencies, particularly the BCI, to address any questions or concerns regarding the current regulations.

"Just get a hold of someone at BCI and ask them any questions that you have," Ludlow advised.

"I'm happy that they changed the law once again, but it was very stressful for me and all my students as well," Rodrigues said.

If you need additional information on purchasing firearms or obtaining the CFP, you can always go to the state BCI website.