Chief Sponsor: Andrew Stoddard

Senate Sponsor: Todd D. Weiler

6     Cosponsors:
7     Gay Lynn Bennion
8     Suzanne Harrison
Karianne Lisonbee
Paul Ray
Jeffrey D. Stenquist


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:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     ENACTS:
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.