Utah Code 53-5c-301. Voluntary restrictions on firearm purchase and possession

53-5c-301. Voluntary restrictions on firearm purchase and possession.

(1)	An individual who is not a restricted person under Section 76-10-503 may voluntarily request to be restricted from the purchase or possession of firearms.

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Terms Used In Utah Code 53-5c-301

Bureau: means the Bureau of Criminal Identification created in Section 53-10-201. 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
Health care provider: means a person:

(a)	who provides health care or professional services related to health care; and

(b)

is acting within the scope of the person's license, certification, practice, education, or training. 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

Person: means :Utah Code 68-3-12.5

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

(2)

An individual requesting to be restricted under Subsection (1) may request placement on one of the following restricted lists:

(a)

a restricted list that:

(i)	restricts the individual from purchasing or possessing a firearm for 180 days with automatic removal of the individual from the restricted list at the end of the 180 days; and

(ii)	allows the individual to request removal 30 days after the day on which the individual is added to the restricted list; or

(b)

a restricted list that:

(i)	restricts the individual from purchasing or possessing a firearm indefinitely; and

(ii)	allows the individual to request removal 90 days after the day on which the individual is added to the restricted list.

(3)

(a)	Subject to Subsections (8) and (9), the bureau shall develop a process and forms for inclusion on, and removal from, a restricted list as described in Subsection (2) to be maintained by the bureau.

(b)

The bureau shall make the forms for inclusion and removal available by download through the bureau’s website and require, at a minimum, the following information for the individual described in Subsection (1):

(i)

name;

(ii)

address;

(iii)

date of birth;

(iv)	contact information;

(v)	signature; and

(vi)

(A)	if the individual is entered on the restricted list as described in Subsection (2)(a), an acknowledgment of the statement in Subsection (8)(a); or

(B)	if the individual is entered on the restricted list as described in Subsection (2)(b), an acknowledgment of the statement in Subsection (8)(b).

(4)

(a)

An individual requesting inclusion on a restricted list under Subsection (2) shall:

(i)	deliver the completed form in person to a law enforcement agency; or

(ii)	direct the individual’s health care provider under Section 53-5c-302 to electronically deliver the individual’s completed form to the bureau.

(b)

The law enforcement agency described in Subsection (4)(a)(i):

(i)	shall verify the individual’s identity before accepting the form;

(ii)	may not accept a form from someone other than the individual named on the form; and

(iii)

shall transmit the form electronically to the bureau through the Utah Criminal Justice Information System.

(5)	Upon receipt of a verified form provided under this section or Section 53-5c-302 requesting inclusion on a restricted list, the bureau shall, within 24 hours, add the individual’s name to the restricted list.

(6)

(a)

For an individual added to the restricted list described in Subsection (2)(a):

(i)	the individual may not request removal from the restricted list unless the individual has been on the restricted list for at least 30 days;

(ii)

the bureau shall remove the individual from the restricted list 180 days after the day on which the individual was added to the restricted list, unless the individual:

(A)	requests to be removed from the restricted list after 30 days;

(B)	requests to remain on the restricted list; or

(C)	directs the individual’s health care provider to request that the individual remain on the restricted list;

(iii)

a request for an extension shall be made in the same manner as the original request; and

(iv)	the individual may continue to request, or direct the individual’s health care provider to continue to request, extensions every 180 days.

(b)

For an individual added to a restricted list under Subsection (2)(b), the individual:

(i)	may not request removal from the restricted list unless the individual has been on the restricted list for at least 90 days; and

(ii)	shall remain on the restricted list, unless the bureau receives a request from the individual to have the individual’s name removed from the restricted list.

(7)

If an individual restricted under this section is a concealed firearm permit holder, the individual’s permit shall be:

(a)	suspended upon entry on the restricted list; and

(b)

reinstated upon removal from the restricted list, unless:

(i)	the permit has been revoked, been suspended for a reason other than under this section, or has expired; or

(ii)	the individual has become a restricted person under Section 76-10-503.

(8)

(a)

The form for an individual seeking to be placed on the restricted list described in Subsection (2)(a) shall have the following language prominently displayed before the signature:

ACKNOWLEDGMENT

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