Representative Andrew Stoddard proposes the following substitute bill:




Chief Sponsor: Andrew Stoddard

Senate Sponsor: Todd D. Weiler


8     General Description:
9          This bill provides notification requirements for an individual who may not possess a
10     firearm as a result of a criminal conviction.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms; and
14          ▸     provides notification requirements to an individual accused or convicted of a
15     criminal charge that would prevent the individual from lawfully owning or
16     possessing a firearm.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     ENACTS:
23          76-10-503.1, Utah Code Annotated 1953

25     Be it enacted by the Legislature of the state of Utah:

26          Section 1. Section 76-10-503.1 is enacted to read:
27          76-10-503.1. Firearm restriction notification requirement.
28          (1) As used in this section:
29          (a) "Restricted person" means an individual who is restricted from possessing,
30     purchasing, transferring, or owning a firearm under Section 76-10-503.
31          (b) "Possess" or "possession" means actual physical possession, actual or purported
32     ownership, or exercising control of an item.
33          (2) A defendant intending to plead guilty or no contest to a criminal charge that will,
34     upon conviction, cause the defendant to become a restricted person shall, before entering a plea
35     before a court, sign an acknowledgment that states:
36          (a) the defendant's attorney or the prosecuting attorney has informed the defendant:
37          (i) that conviction of the charge will classify the defendant as a restricted person;
38          (ii) that a restricted person may not possess a firearm; and
39          (iii) of the criminal penalties associated with possession of a firearm by a restricted
40     person of the same category the defendant will become upon entering a plea for the criminal
41     charge; and
42          (b) the defendant acknowledges and understands that, by pleading guilty or no contest
43     to the criminal charge, the defendant:
44          (i) will be a restricted person;
45          (ii) upon conviction, shall forfeit possession of each firearm currently possessed by the
46     defendant; and
47          (iii) will be in violation of federal and state law if the defendant possesses a firearm.
48          (3) The prosecuting attorney or the defendant's attorney shall provide the
49     acknowledgment described in Subsection (2) to the court before the defendant's entry of a plea,
50     if the defendant pleads guilty or no contest.
51          (4) A defendant who is convicted by trial of a criminal charge resulting in the
52     defendant becoming a restricted person shall, at the time of sentencing:
53          (a) be verbally informed by the court, prosecuting attorney, or defendant's attorney:
54          (i) that the defendant is a restricted person;
55          (ii) that, as a restricted person, the defendant may not possess a firearm; and
56          (iii) of the criminal penalties associated with possession of a firearm by a restricted

57     person of the defendant's category; and
58          (b) sign an acknowledgment in the presence of the court attesting that the defendant
59     acknowledges and understands that the defendant:
60          (i) is a restricted person;
61          (ii) shall forfeit possession of each firearm; and
62          (iii) will be in violation of federal and state law if the defendant possesses a firearm.
63          (5) The prosecuting attorney and the defendant's attorney shall inform the court at the
64     preliminary hearing if a charge filed against the defendant would qualify the defendant as a
65     restricted person if the defendant is convicted of the charge.
66          (6) The failure to inform or obtain a signed acknowledgment from the defendant may
67     not render the plea invalid, form the basis for withdrawal of the plea, or create a basis to
68     challenge a conviction or sentence.