Utah Code 77-11a-403. Disposition of firearms no longer needed as evidence

77-11a-403. Disposition of firearms no longer needed as evidence.

(1)

As used in this section:

Terms Used In Utah Code 77-11a-403

Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101
Contract: A legal written agreement that becomes binding when signed.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Legislative body: means :

(a)

(i)	the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency; or

(ii)	the agency's governing political subdivision; or

(b)

the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force. See Utah Code 77-11a-101

Person: means :Utah Code 68-3-12.5

Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 77-11a-101

Public interest use: means a:

(a)	use by a government agency as determined by the legislative body of the agency's jurisdiction; or

(b)	donation of the property to a nonprofit charity registered with the state. See Utah Code 77-11a-101 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
(a)	“Confiscated or unclaimed firearm” means a firearm that is subject to disposal by an agency under Section 53-5c-202 or 77-11a-402.

(b)	“Department” means the Department of Public Safety created in Section 53-1-103.

(c)

“Federally licensed firearms dealer” means a person:

(i)	licensed as a dealer under 18 U.S.C. § 923; and

(ii)	engaged in the business of selling firearms.

(d)	“State-approved dealer” means the federally licensed firearms dealer that contracts with the department under Subsection (4).

(2)

An agency shall dispose of a confiscated or unclaimed firearm by:

(a)	selling or destroying the confiscated or unclaimed firearm in accordance with Subsection (3);

(b)	giving the confiscated or unclaimed firearm to the state-approved dealer to sell or destroy in accordance with Subsection (4) and the agreement between the state-approved dealer and the department; or

(c)	after the agency obtains approval from the legislative body of the agency’s jurisdiction, transferring the confiscated or unclaimed firearm to the Bureau of Forensic Services, created in Section 53-10-401, or another public forensic laboratory for testing.

(3)

(a)

An agency that elects to dispose of a confiscated or unclaimed firearm under Subsection (2)(a) shall:

(i)	sell the confiscated or unclaimed firearm to a federally licensed firearms dealer and apply the proceeds from the sale to a public interest use; or

(ii)

destroy the firearm, if the agency determines that:

(A)	the condition of a confiscated or unclaimed firearm makes the firearm unfit for sale; or

(B)	the confiscated or unclaimed firearm is associated with a notorious crime.

(b)

Before an agency applies the proceeds of a sale of a confiscated or unclaimed firearm to a public interest use, the agency shall obtain from the legislative body of the agency’s jurisdiction:

(i)	permission to apply the proceeds of the sale to a public interest use; and

(ii)	the designation and approval of the public interest use to which the agency applies the proceeds.

(4)

(a)

(i)	The department shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, contract with a federally licensed firearms dealer to sell or destroy all confiscated or unclaimed firearms in the state.

(ii)	The term of an agreement executed in accordance with this Subsection (4) may not exceed five years.

(iii)

Nothing in this Subsection (4) prevents the department from contracting with the same federally licensed firearms dealer more than once.

(b)

An agreement executed in accordance with Subsection (4)(a) shall:

(i)	address the amount of money that the federally licensed firearms dealer is entitled to retain from the sale of each confiscated or unclaimed firearm as compensation for the federally licensed firearms dealer’s performance under the agreement;

(ii)

require the federally licensed firearms dealer to donate, on behalf of the state, all proceeds from the sale of a confiscated or unclaimed firearm, except the amount described in Subsection (4)(b)(i), to an organization that:

(A)	is exempt from taxation under Section 501(c)(3), Internal Revenue Code;

(B)	complies with any applicable licensing or registration requirements in the state;

(C)	primarily helps the families of law enforcement officers in the state who die in the line of duty;

(D)	gives financial assistance to the families of law enforcement officers in the state who die in the line of duty; and

(E)	provides other assistance to children of active law enforcement officers, including scholarships;

(iii)

state that if the federally licensed firearms dealer determines that the condition of a confiscated or unclaimed firearm makes the firearm unfit for sale, the federally licensed firearms dealer shall destroy the firearm; and

(iv)	provide a procedure by which the department can ensure that the federally licensed firearms dealer complies with the provisions of the agreement and applicable law.

Renumbered and Amended by Chapter 448, 2023 General Session

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