Committee advances bill removing duplicative state background checks for federally approved NFA items

Representative Malloy told the committee HB101 would eliminate duplicative state background checks for firearms and accessories already vetted under the National Firearms Act (NFA) and ATF processes.

Malloy described the federal approval process — fingerprints, photo, ATF background check and a $200 federal tax stamp — and said the ATF issues an approval notice that functions as proof. "Approval is required before possession ... the ATF issues an official approval notice," he said. Malloy told members that if the federally approved transfer is completed within the ATF's 30‑day pickup window, Utah should not require a second, nearly identical state check.

Industry witnesses supported the change. Clark Opposian of the Utah Shooting Sports Council and the National Shooting Sports Foundation described the federal process as a de‑facto registration and said other states have adopted similar measures. Rael Cunningham of Women for Gun Rights also urged a yes vote, calling the state check redundant.

Representative Shipp moved to pass HB101 with a favorable recommendation; the committee voted and the chair ruled the motion passed unanimously.

What it would change: If enacted, HB101 would permit dealers to rely on ATF approval notices for NFA transfers within the prescribed window, removing a duplicative state check for those items.

Next steps: HB101 was recommended favorably out of committee.