7 LONG TITLE
8 General Description:
9 This bill defines "owner cohabitant" for the purpose of the voluntary commitment of a
10 firearm to law enforcement.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines "owner cohabitant" as anyone living in the home with an ownership interest
14 in the firearm.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 53-5c-201, as last amended by Laws of Utah 2017, Chapter 334
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53-5c-201 is amended to read:
25 53-5c-201. Voluntary commitment of a firearm by owner cohabitant -- Law
26 enforcement to hold firearm.
27 (1) As used in this section, "owner cohabitant" means any individual residing in the
28 home who has an ownership interest in a firearm in the home.
30 enforcement agency for safekeeping if the owner cohabitant believes that the owner cohabitant
31 or another cohabitant with access to the firearm is an immediate threat to:
32 (i) himself or herself;
33 (ii) the owner cohabitant; or
34 (iii) any other person.
35 (b) A law enforcement agency may not hold a firearm under this section if the law
36 enforcement agency obtains the firearm in a manner other than the owner cohabitant
37 voluntarily presenting, of the owner cohabitant's own free will, the firearm to the law
38 enforcement agency at the agency's office.
40 enforcement agency that receives a firearm in accordance with this chapter shall:
41 (a) record:
42 (i) the owner cohabitant's name, address, and phone number;
43 (ii) [
44 (iii) the date that the firearm was voluntarily committed;
45 (b) require the owner cohabitant to sign a document attesting that the owner cohabitant
46 has an ownership interest in the firearm;
47 (c) hold the firearm in safe custody for 60 days after the day on which the firearm is
48 voluntarily committed; and
49 (d) upon proof of identification, return the firearm to:
50 (i) the owner cohabitant after the expiration of the 60-day period or, if the owner
51 cohabitant requests return of the firearm before the expiration of the 60-day period, at the time
52 of the request; or
53 (ii) an owner other than the owner cohabitant in accordance with Section 53-5c-202.
55 (a) if the initial 60-day period expires; and
56 (b) the owner cohabitant requests that the law enforcement agency hold the firearm for
57 an additional 60 days.
59 cohabitant provide the name or other information of the cohabitant who poses an immediate
60 threat or any other cohabitant.
62 with Section 63G-2-701, a law enforcement agency shall destroy a record created under
63 Subsection [
64 application of this chapter [
65 (a) [
66 (b) [
68 Mislaid Personal Property, do not apply to a firearm received by a law enforcement agency in
69 accordance with this chapter.
71 firearm held in accordance with this chapter.