7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding the commitment of firearms.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides for circumstances where a cohabitant may commit the firearm of a firearm
13 owner cohabitant without the permission of the owner cohabitant;
14 ▸ sets procedures for law enforcement to follow when accepting a firearm committed
15 by a cohabitant without the owner cohabitant's permission; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 53-5c-201, as last amended by Laws of Utah 2019, Chapters 136 and 369
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53-5c-201 is amended to read:
27 53-5c-201. Voluntary commitment of a firearm by owner cohabitant -- Law
28 enforcement to hold firearm -- Commitment of a firearm by cohabitant.
29 (1) As used in this section, "cohabitant" means any individual 18 years of age or older
30 residing in the home who:
31 (a) is living as if a spouse of the owner cohabitant;
32 (b) is related by blood or marriage to the owner cohabitant;
33 (c) has one or more children in common with the owner cohabitant; or
34 (d) has an interest in the safety and wellbeing of the owner cohabitant.
35 (2) [
36 for safekeeping if the cohabitant believes that the owner cohabitant or another cohabitant with
37 access to the firearm is an immediate threat to:
45 (3) Unless a firearm is an illegal firearm subject to Section 53-5c-202, a law
46 enforcement agency that receives a firearm in accordance with this chapter shall:
47 (a) record:
48 (i) the owner cohabitant's name, address, and phone number;
49 (ii) the firearm serial number and the make and model of each firearm committed;
51 (iii) the date that the firearm was [
52 (iv) if the law enforcement agency receives documentation under Subsection (8), a
53 notation of the pending determination of which the owner cohabitant is the subject; and
54 (v) any other information the law enforcement agency has been made aware of and
55 determines is relevant to the commitment of the firearm;
56 (b) require the cohabitant to sign a document attesting that the cohabitant resides in the
57 home; and
58 (c) hold the firearm in safe custody for 60 days after the day on which the firearm is
60 under this section.
62 complying with Subsection (7), a law enforcement agency that receives a firearm in accordance
63 with this section shall return the firearm to:
65 cohabitant requests return of the firearm before the expiration of the 60-day period, at the time
66 of the request; or
71 (a) [
72 (b) the cohabitant or owner cohabitant requests that the law enforcement agency hold
73 the firearm for an additional 60 days.
74 (6) A law enforcement agency may not return a firearm to an owner cohabitant
75 requesting return of the firearm if the owner cohabitant is the subject of any pending
76 determination that may result in the owner cohabitant becoming a restricted person under
77 Section 76-10-503.
78 (7) Before returning a firearm to an owner cohabitant under Subsection (4), a law
79 enforcement agency shall take reasonable measures to verify that the owner cohabitant seeking
80 return of the owner cohabitant's firearm is not the subject of a pending determination described
81 in Subsection (6) and is not currently a restricted person under Section 76-10-503 by
83 (a) all accessible and relevant databases;
84 (b) any documentation provided by a cohabitant or owner cohabitant; or
85 (c) any other resources available to the law enforcement agency.
86 (8) A cohabitant who commits, to a law enforcement agency, the firearm of an owner
87 cohabitant who is awaiting a determination for commitment to a mental health authority shall
88 provide the law enforcement agency with documentation supporting that the owner cohabitant
89 is awaiting a determination for commitment to a mental health authority.
91 request or require that the [
92 owner cohabitant who poses an immediate threat or of any other owner cohabitant.
94 accordance with Section 63G-2-701, a law enforcement agency shall destroy a record created
95 under Subsection (3), Subsection 53-5c-202(3)(b)(iii), or any other record created in the
96 application of this chapter immediately, if practicable, but no later than five days after
97 immediately upon the:
98 (a) return of a firearm in accordance with Subsection [
99 (b) disposal of the firearm in accordance with Section 53-5c-202.
101 Mislaid Personal Property, do not apply to a firearm received by a law enforcement agency in
102 accordance with this chapter.
104 firearm held in accordance with this chapter.