1     
FIREARM SAFE HARBOR AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill amends the safe harbor provisions for firearms.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     clarifies that a cohabitant or an owner cohabitant may surrender a firearm to law
14     enforcement;
15          ▸     allows law enforcement officers to receive firearms;
16          ▸     requires a law enforcement agency to return a firearm to the owner upon request;
17     and
18          ▸     makes technical and conforming corrections.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53-5c-201, as last amended by Laws of Utah 2019, Chapters 136 and 369
26          53-5c-202, as last amended by Laws of Utah 2017, Chapter 334
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53-5c-201 is amended to read:
30          53-5c-201. Voluntary commitment of a firearm by cohabitant -- Law enforcement
31     to hold firearm.
32          (1) As used in this section[, "cohabitant"]:
33          (a) "Cohabitant" means any individual 18 years [of age] old or older residing in the
34     home who:
35          [(a)] (i) is living as if a spouse of the owner cohabitant;
36          [(b)] (ii) is related by blood or marriage to the owner cohabitant;
37          [(c)] (iii) has one or more children in common with the owner cohabitant; or
38          [(d)] (iv) has an interest in the safety and [wellbeing] well-being of the owner
39     cohabitant.
40          (b) "Owner cohabitant" means an individual:
41          (i) in relation to a cohabitant as described in Subsection (1)(a); and
42          (ii) who owns a firearm.
43          (2) (a) A cohabitant or owner cohabitant may voluntarily commit a firearm to a law
44     enforcement agency or request that a law enforcement officer receive a firearm for safekeeping
45     if the owner cohabitant or cohabitant believes that the owner cohabitant or another cohabitant
46     with access to the firearm is an immediate threat to:
47          (i) himself or herself;
48          (ii) the owner cohabitant; or
49          (iii) any other person.
50          (b) [A] If the owner of a firearm requests return of the firearm in person at the law
51     enforcement agency's office, the law enforcement agency:
52          (i) may not hold [a] the firearm under this section [if the law enforcement agency
53     obtains the firearm in a manner other than the owner cohabitant voluntarily presenting, of the
54     owner cohabitant's own free will, the firearm to the law enforcement agency at the agency's
55     office.]; and
56          (ii) shall return the firearm to the owner.
57          (3) Unless a firearm is an illegal firearm subject to Section 53-5c-202, a law
58     enforcement agency that receives a firearm in accordance with this chapter shall:
59          (a) record:
60          (i) the owner cohabitant's name, address, and phone number;
61          (ii) the firearm serial number and the make and model of each firearm committed; and
62          (iii) the date that the firearm was voluntarily committed;
63          (b) require the cohabitant to sign a document attesting that the cohabitant resides in the
64     home;
65          (c) hold the firearm in safe custody for 60 days after the day on which the firearm is
66     voluntarily committed; and
67          (d) upon proof of identification, return the firearm to:
68          (i) (A) the owner cohabitant after the expiration of the 60-day period [or,]; or
69          (B) if the owner cohabitant requests return of the firearm before the expiration of the
70     60-day period, at the time of the request; or
71          (ii) an owner other than the owner cohabitant in accordance with Section 53-5c-202.
72          (4) The law enforcement agency shall hold the firearm for an additional 60 days:
73          (a) if the initial 60-day period expires; and
74          (b) the cohabitant or owner cohabitant requests that the law enforcement agency hold
75     the firearm for an additional 60 days.
76          (5) A law enforcement agency may not request or require that the owner cohabitant
77     provide the name or other information of the cohabitant who poses an immediate threat or any
78     other cohabitant.
79          (6) Notwithstanding an ordinance or policy to the contrary adopted in accordance with
80     Section 63G-2-701, a law enforcement agency shall destroy a record created under Subsection
81     (3), Subsection 53-5c-202(3)(b)(iii), or any other record created in the application of this
82     chapter immediately, if practicable, but no later than five days after immediately upon the:
83          (a) return of a firearm in accordance with Subsection (3)(d); or
84          (b) disposal of the firearm in accordance with Section 53-5c-202.
85          (7) Unless otherwise provided, the provisions of Title 77, Chapter 24a, Lost or Mislaid
86     Personal Property, do not apply to a firearm received by a law enforcement agency in
87     accordance with this chapter.
88          (8) A law enforcement agency shall adopt a policy for the safekeeping of a firearm held
89     in accordance with this chapter.
90          Section 2. Section 53-5c-202 is amended to read:
91          53-5c-202. Illegal firearms confiscated -- Disposition of unclaimed firearm.
92          (1) If a law enforcement agency receives a firearm in accordance with Section
93     53-5c-201, and the firearm is an illegal firearm, the law enforcement agency shall:
94          (a) notify the owner cohabitant attempting to voluntarily commit the firearm that the
95     firearm is an illegal firearm; and
96          (b) confiscate the firearm and dispose of the firearm in accordance with Section
97     24-3-103.5 .
98          (2) (a) If a law enforcement agency cannot, after a reasonable attempt, locate an owner
99     cohabitant to return a firearm in accordance with Section 53-5c-201, the law enforcement
100     agency shall dispose of the firearm in accordance with Section 24-3-103.5.
101          (b) A law enforcement agency may not dispose of a firearm under Subsection (2)(a)
102     before one year after the day on which the [owner] cohabitant initially voluntarily [commits]
103     committed the firearm in accordance with Section 53-5c-201.
104          (3) (a) If a person other than an owner cohabitant [who voluntarily commits a firearm
105     in accordance with Section 53-5c-201] claims ownership of the firearm, the person may:
106          (i) request that the law enforcement agency return the firearm in accordance with
107     Subsection (3)(b); or
108          (ii) petition the court for the firearm's return in accordance with Subsection (3)(c).
109          (b) Except as provided in Section 53-5c-201, the law enforcement agency shall return a
110     firearm to a person other than an owner cohabitant who claims ownership of the firearm if:
111          (i) the 60-day period described in Section 53-5c-201 has expired;
112          (ii) the person provides identification; and
113          (iii) the person signs a document attesting that the person has an ownership interest in
114     the firearm.
115          (c) After sufficient notice is given to the prosecutor, the court may order that the
116     firearm be:
117          (i) returned to the rightful owner as determined by the court; or
118          (ii) disposed of in accordance with Section 24-3-103.5.
119          (d) A law enforcement agency shall return a firearm ordered returned to the rightful
120     owner as expeditiously as possible after a court determination.