7 Gay Lynn Bennion
8 Suzanne Harrison
Jeffrey D. Stenquist
10 LONG TITLE
11 General Description:
12 This bill provides notification requirements for an individual who may not possess a
13 firearm as a result of a criminal conviction.
14 Highlighted Provisions:
15 This bill:
16 ▸ defines terms; and
17 ▸ provides notification requirements to an individual accused or convicted of a
18 criminal charge that would prevent the individual from lawfully owning or
19 possessing a firearm.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 76-10-503.1, Utah Code Annotated 1953
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-10-503.1 is enacted to read:
30 76-10-503.1. Firearm restriction notification requirement.
31 (1) As used in this section:
32 (a) "Restricted person" means an individual who is restricted from possessing,
33 purchasing, transferring, or owning a firearm under Section 76-10-503.
34 (b) "Possess" or "possession" means actual physical possession, actual or purported
35 ownership, or exercising control of an item.
36 (2) A defendant intending to plead guilty or no contest to a criminal charge that will,
37 upon conviction, cause the defendant to become a restricted person shall, before entering a plea
38 before a court, sign an acknowledgment that states:
39 (a) the defendant's attorney or the prosecuting attorney has informed the defendant:
40 (i) that conviction of the charge will classify the defendant as a restricted person;
41 (ii) that a restricted person may not possess a firearm; and
42 (iii) of the criminal penalties associated with possession of a firearm by a restricted
43 person of the same category the defendant will become upon entering a plea for the criminal
44 charge; and
45 (b) the defendant acknowledges and understands that, by pleading guilty or no contest
46 to the criminal charge, the defendant:
47 (i) will be a restricted person;
48 (ii) upon conviction, shall forfeit possession of each firearm currently possessed by the
49 defendant; and
50 (iii) will be in violation of federal and state law if the defendant possesses a firearm.
51 (3) The prosecuting attorney or the defendant's attorney shall provide the
52 acknowledgment described in Subsection (2) to the court before the defendant's entry of a plea,
53 if the defendant pleads guilty or no contest.
54 (4) A defendant who is convicted by trial of a criminal charge resulting in the
55 defendant becoming a restricted person shall, at the time of sentencing:
56 (a) be verbally informed by the court, prosecuting attorney, or defendant's attorney:
57 (i) that the defendant is a restricted person;
58 (ii) that, as a restricted person, the defendant may not possess a firearm; and
59 (iii) of the criminal penalties associated with possession of a firearm by a restricted
60 person of the defendant's category; and
61 (b) sign an acknowledgment in the presence of the court attesting that the defendant
62 acknowledges and understands that the defendant:
63 (i) is a restricted person;
64 (ii) shall forfeit possession of each firearm; and
65 (iii) will be in violation of federal and state law if the defendant possesses a firearm.
66 (5) The prosecuting attorney and the defendant's attorney shall inform the court at the
67 preliminary hearing if a charge filed against the defendant would qualify the defendant as a
68 restricted person if the defendant is convicted of the charge.
69 (6) The failure to inform or obtain a signed acknowledgment from the defendant may
70 not render the plea invalid, form the basis for withdrawal of the plea, or create a basis to
71 challenge a conviction or sentence.