2023 Utah Code › Title 53 - Public Safety Code › Chapter 5c - Firearms Safe Harbor › Part 2 - Voluntary Commitment of Firearm › Section 201 - Voluntary commitment of a firearm by cohabitant -- Law enforcement to hold firearm.

Effective 5/3/2023
53-5c-201.
Voluntary commitment of a firearm by cohabitant -- Law enforcement to hold firearm.
(1)
(a) A cohabitant or owner cohabitant may voluntarily commit a firearm to a law enforcement agency or request that a law enforcement officer receive a firearm for safekeeping if the owner cohabitant or cohabitant believes that the owner cohabitant or another cohabitant with access to the firearm is an immediate threat to:
(i) a cohabitant;
(ii) the owner cohabitant; or
(iii) another individual.
(b) Except as provided in Subsection (2), if the owner of a firearm requests return of the firearm in person at the law enforcement agency's office, the law enforcement agency:
(i) may not hold the firearm under this section; and
(ii) shall return the firearm to the owner.
(2) A law enforcement agency may not return a firearm to an owner under Subsection (1)(b) if the owner of the firearm:
(a) is a restricted person under Section 76-10-503; or
(b)
(i) has been arrested and booked into a county jail on a class A misdemeanor or felony domestic violence offense;
(ii) has had a court:
(A) review the probable cause statement detailing the incident leading to the owner's arrest; and
(B) determine that probable cause existed for the arrest; and
(iii) is subject to a jail release agreement or a jail release court order arising out of the domestic violence offense.
(3) Unless a firearm is an illegal firearm subject to Section 53-5c-202, a law enforcement agency that receives a firearm in accordance with this chapter shall:
(a) record:
(i) the owner cohabitant's name, address, and phone number;
(ii) the firearm serial number and the make and model of each firearm committed; and
(iii) the date that the firearm was voluntarily committed;
(b) require the cohabitant to sign a document attesting that the cohabitant resides in the home;
(c) hold the firearm in safe custody:
(i) for 60 days after the day on which the firearm is voluntarily committed; or
(ii)
(A) for an owner described in Subsection (2)(b), during the time the jail release agreement or jail release court order is in effect; and
(B) for 60 days after the day on which the jail release agreement or jail release court order expires; and
(d) upon proof of identification, return the firearm to:
(i)
(A) the owner cohabitant after the expiration of the 60-day period; or
(B) if the owner cohabitant requests return of the firearm before the expiration of the 60-day period, at the time of the request; or
(ii) an owner other than the owner cohabitant in accordance with Section 53-5c-202.
(4) The law enforcement agency shall hold the firearm for an additional 60 days:
(a) if the initial 60-day period expires; and
(b) the cohabitant or owner cohabitant requests that the law enforcement agency hold the firearm for an additional 60 days.
(5) A law enforcement agency may not request or require that the owner cohabitant provide the name or other information of the cohabitant who poses an immediate threat or any other cohabitant.
(6) Notwithstanding an ordinance or policy to the contrary adopted in accordance with Section 63G-2-701, a law enforcement agency shall destroy a record created under Subsection (3), Subsection 53-5c-202(3)(b)(iii), or any other record created in the application of this chapter immediately, if practicable, but no later than five days after immediately upon the:
(a) return of a firearm in accordance with Subsection (3)(d); or
(b) disposal of the firearm in accordance with Section 53-5c-202.
(7) Unless otherwise provided, the provisions of Title 77, Chapter 11d, Lost or Mislaid Property, do not apply to a firearm received by a law enforcement agency in accordance with this chapter.
(8) A law enforcement agency shall adopt a policy for the safekeeping of a firearm held in accordance with this chapter.
(9) The department shall create a pamphlet to be distributed by a law enforcement officer under Section 77-36-2.1 that includes information about a cohabitant's or owner cohabitant's ability to have the owner cohabitant's firearm committed to a law enforcement agency for safekeeping in accordance with this section.
Amended by Chapter 138, 2023 General Session
Amended by Chapter 448, 2023 General Session