(1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Class | Prison | Fine |
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class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 53-5c-201- Arrest: Taking physical custody of a person by lawful authority.
- Cohabitant: means an individual who:
(a) | is 18 years old or older; |
(b) | resides in the same home with another individual; and |
(c) | (i) | is living as if a spouse of the individual; |
(ii) | is related by blood or marriage to the individual; |
(iii) | has one or more children in common with the individual; or |
(iv) | has an interest in the safety and well-being of the individual. See Utah Code 53-5c-102- Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 53-5c-102
- Firearm: means a pistol, revolver, shotgun, short barrel shotgun, rifle or short barrel 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 53-5c-102
- Illegal firearm: means a firearm the ownership or possession of which is prohibited under state or federal law. See Utah Code 53-5c-102
- Jail release agreement: means the same as that term is defined in Section 78B-7-801. See Utah Code 53-5c-102
- Jail release court order: means the same as that term is defined in Section 78B-7-801. See Utah Code 53-5c-102
- Law enforcement agency: means a municipal or county police agency or an officer of that agency. See Utah Code 53-5c-102
- Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
- Owner cohabitant: means a cohabitant who:
(a) | is 18 years old or older; and |
(b) | owns a firearm. See Utah Code 53-5c-102- Person: means :Utah Code 68-3-12.5
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
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(a) |
A cohabitant or owner cohabitant may voluntarily commit a firearm to a law enforcement agency or request that a law enforcement officer receive a firearm for safekeeping if the owner cohabitant or cohabitant believes that the owner cohabitant or another cohabitant with access to the firearm is an immediate threat to:
(ii) |
the owner cohabitant; or |
(iii) |
another individual. |
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(b) |
Except as provided in Subsection (2), if the owner of a firearm requests return of the firearm in person at the law enforcement agency’s office, the law enforcement agency:
(i) |
may not hold the firearm under this section; and |
(ii) |
shall return the firearm to the owner. |
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(2) |
A law enforcement agency may not return a firearm to an owner under Subsection (1)(b) if the owner of the firearm:
(a) |
is a restricted person under Section 76-10-503; or |
(b) |
(i) |
has been arrested and booked into a county jail on a class A misdemeanor or felony domestic violence offense; |
(ii) |
has had a court:
(A) |
review the probable cause statement detailing the incident leading to the owner’s arrest; and |
(B) |
determine that probable cause existed for the arrest; and |
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(iii) |
is subject to a jail release agreement or a jail release court order arising out of the domestic violence offense. |
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(3) |
Unless a firearm is an illegal firearm subject to Section 53-5c-202, a law enforcement agency that receives a firearm in accordance with this chapter shall:
(a) |
record:
(i) |
the owner cohabitant’s name, address, and phone number; |
(ii) |
the firearm serial number and the make and model of each firearm committed; and |
(iii) |
the date that the firearm was voluntarily committed; |
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(b) |
require the cohabitant to sign a document attesting that the cohabitant resides in the home; |
(c) |
hold the firearm in safe custody:
(i) |
for 60 days after the day on which the firearm is voluntarily committed; or |
(ii) |
(A) |
for an owner described in Subsection (2)(b), during the time the jail release agreement or jail release court order is in effect; and |
(B) |
for 60 days after the day on which the jail release agreement or jail release court order expires; and |
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(d) |
upon proof of identification, return the firearm to:
(i) |
(A) |
the owner cohabitant after the expiration of the 60-day period; or |
(B) |
if the owner cohabitant requests return of the firearm before the expiration of the 60-day period, at the time of the request; or |
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(ii) |
an owner other than the owner cohabitant in accordance with Section 53-5c-202. |
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(4) |
The law enforcement agency shall hold the firearm for an additional 60 days:
(a) |
if the initial 60-day period expires; and |
(b) |
the cohabitant or owner cohabitant requests that the law enforcement agency hold the firearm for an additional 60 days. |
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(5) |
A law enforcement agency may not request or require that the owner cohabitant provide the name or other information of the cohabitant who poses an immediate threat or any other cohabitant. |
(6) |
Notwithstanding an ordinance or policy to the contrary adopted in accordance with Section 63G-2-701, a law enforcement agency shall destroy a record created under Subsection (3), Subsection 53-5c-202(3)(b)(iii), or any other record created in the application of this chapter immediately, if practicable, but no later than five days after immediately upon the:
(a) |
return of a firearm in accordance with Subsection (3)(d); or |
(b) |
disposal of the firearm in accordance with Section 53-5c-202. |
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(8) |
A law enforcement agency shall adopt a policy for the safekeeping of a firearm held in accordance with this chapter. |
(9) |
The department shall create a pamphlet to be distributed by a law enforcement officer under Section 77-36-2.1 that includes information about a cohabitant’s or owner cohabitant’s ability to have the owner cohabitant’s firearm committed to a law enforcement agency for safekeeping in accordance with this section. |
Amended by Chapter 138, 2023 General Session Amended by Chapter 448, 2023 General Session
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