1     
FIREARM COMMITMENT AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: ____________

6     

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:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53-5c-201, as last amended by Laws of Utah 2019, Chapters 136 and 369
24     

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) [(a)] A cohabitant may voluntarily commit a firearm to a law enforcement agency
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:
38          [(i)] (a) himself or herself;
39          [(ii)] (b) the owner cohabitant; or
40          [(iii)] (c) any other person.
41          [(b) A law enforcement agency may not hold a firearm under this section if the law
42     enforcement agency obtains the firearm in a manner other than the owner cohabitant
43     voluntarily presenting, of the owner cohabitant's own free will, the firearm to the law
44     enforcement agency at the agency's office.]
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;
50     [and]
51          (iii) the date that the firearm was [voluntarily] committed;
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
59     [voluntarily] committed[; and] or for a longer period of time if properly requested or required
60     under this section.
61          [(d)] (4) [upon proof of identification,] Except as provided in Subsection (6), and after
62     complying with Subsection (7), a law enforcement agency that receives a firearm in accordance
63     with this section shall return the firearm to:
64          [(i)] (a) the owner cohabitant after the expiration of the 60-day period or, if the owner
65     cohabitant requests return of the firearm before the expiration of the 60-day period, at the time
66     of the request; or
67          [(ii)] (b) an owner other than the owner cohabitant in accordance with Section
68     53-5c-202.
69          [(4)] (5) The law enforcement agency shall hold the firearm for an additional 60 days
70     if:
71          (a) [if] the initial 60-day period expires; and
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
82     reviewing:
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.
90          [(5) A] (9) Except as provided in Subsection (8), a law enforcement agency may not
91     request or require that the [owner] cohabitant provide the name or other information of the
92     owner cohabitant who poses an immediate threat or of any other owner cohabitant.
93          [(6)] (10) Notwithstanding an ordinance or policy to the contrary adopted in
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 [(3)(d)] (4); or
99          (b) disposal of the firearm in accordance with Section 53-5c-202.
100          [(7)] (11) Unless otherwise provided, the provisions of Title 77, Chapter 24a, Lost or
101     Mislaid Personal Property, do not apply to a firearm received by a law enforcement agency in
102     accordance with this chapter.
103          [(8)] (12) A law enforcement agency shall adopt a policy for the safekeeping of a
104     firearm held in accordance with this chapter.