76-10-503.1. Firearm restriction notification requirement.
| (1) |
As used in this section:
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Terms Used In Utah Code 76-10-503.1- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
“Peace officer” means an officer described Section 53-13-102. |
| (b) |
“Possess” means actual physical possession, actual or purported ownership, or exercising control of an item. |
| (c) |
“Restricted person” means an individual who is restricted from possessing, purchasing, transferring, or owning a firearm under Section 76-10-503. |
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| (2) |
A defendant intending to plead guilty or no contest to a criminal charge that will, upon conviction, cause the defendant to become a restricted person shall, before entering a plea before a court, sign an acknowledgment that states:
| (a) |
the defendant’s attorney or the prosecuting attorney has informed the defendant:
| (i) |
that conviction of the charge will classify the defendant as a restricted person; |
| (ii) |
that a restricted person may not possess a firearm; and |
| (iii) |
of the criminal penalties associated with possession of a firearm by a restricted person of the same category the defendant will become upon entering a plea for the criminal charge; and |
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| (b) |
the defendant acknowledges and understands that, by pleading guilty or no contest to the criminal charge, the defendant:
| (i) |
will be a restricted person; |
| (ii) |
upon conviction, shall forfeit possession of each firearm currently possessed by the defendant; and |
| (iii) |
will be in violation of federal and state law if the defendant possesses a firearm. |
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| (3) |
The prosecuting attorney or the defendant’s attorney shall provide the acknowledgment described in Subsection (2) to the court before the defendant’s entry of a plea, if the defendant pleads guilty or no contest. |
| (4) |
A defendant who is convicted by trial of a criminal charge resulting in the defendant becoming a restricted person shall, at the time of sentencing:
| (a) |
be verbally informed by the court, prosecuting attorney, or defendant’s attorney:
| (i) |
that the defendant is a restricted person; |
| (ii) |
that, as a restricted person, the defendant may not possess a firearm; and |
| (iii) |
of the criminal penalties associated with possession of a firearm by a restricted person of the defendant’s category; and |
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| (b) |
sign an acknowledgment in the presence of the court attesting that the defendant acknowledges and understands that the defendant:
| (i) |
is a restricted person; |
| (ii) |
shall forfeit possession of each firearm; and |
| (iii) |
will be in violation of federal and state law if the defendant possesses a firearm. |
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| (5) |
The prosecuting attorney and the defendant’s attorney shall inform the court at the preliminary hearing if a charge filed against the defendant would qualify the defendant as a restricted person if the defendant is convicted of the charge. |
| (6) |
The failure to inform or obtain a signed acknowledgment from the defendant may not render the plea invalid, form the basis for withdrawal of the plea, or create a basis to challenge a conviction or sentence. |
| (7) |
An individual who becomes a restricted person as a result of being served with a pretrial protective order in accordance with Section 78B-7-803, a sentencing protective order in accordance with Section 77-36-5, or a continuous protective order in accordance with Section 77-36-5, shall, at the time of service of the protective order:
| (a) |
be verbally informed by the court, prosecuting attorney, defendant’s attorney, or, if a peace officer is serving the protective order, the peace officer:
| (i) |
that the individual is a restricted person; |
| (ii) |
that, as a restricted person, the individual may not possess a firearm; and |
| (iii) |
of the criminal penalties associated with possession of a firearm by a restricted person of the individual’s category; and |
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| (b) |
sign, in the presence of the court or, if a peace officer serves the protective order, in the presence of the peace officer, an acknowledgment contained within the protective order document attesting that the individual acknowledges and understands that the individual:
| (i) |
is a restricted person; |
| (ii) |
is required to relinquish possession of each firearm; |
| (iii) |
will be in violation of federal and state law if the individual possesses a firearm; and |
| (iv) |
may be eligible for an affirmative defense to a state-law prosecution for possession of a firearm under Section 76-10-503 if the individual lawfully transfers the individual’s firearms within 10 days of becoming a restricted person. |
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Amended by Chapter 203, 2023 General Session
