53-5c-201. Voluntary commitment of a firearm by owner cohabitant — Law enforcement to hold firearm.
| (1) |
| (a) |
An owner cohabitant may voluntarily commit a firearm to a law enforcement agency for safekeeping if the owner cohabitant believes that another cohabitant is an immediate threat to:
| (ii) |
the owner cohabitant; or |
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| (b) |
A law enforcement agency may not hold a firearm under this section if the law enforcement agency obtains the firearm in a manner other than the owner cohabitant voluntarily presenting, of his or her own free will, the firearm to the law enforcement agency at the agency’s office. |
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| (2) |
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 |
| (iii) |
the date that the firearm was voluntarily committed; |
|
| (b) |
require the owner cohabitant to sign a document attesting that the owner cohabitant has an ownership interest in the firearm; |
| (c) |
hold the firearm in safe custody for 60 days after the day on which it is voluntarily committed; and |
| (d) |
upon proof of identification, return the firearm to:
| (i) |
the owner cohabitant after the expiration of the 60-day period or, 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) |
to an owner other than the owner cohabitant in accordance with Section 53-5c-202. |
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|
| (3) |
The law enforcement agency shall hold the firearm for an additional 60 days:
| (a) |
if the initial 60-day period expires; and |
| (b) |
the owner cohabitant requests that the law enforcement agency hold the firearm for an additional 60 days. |
|
| (4) |
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. |
| (5) |
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 (2), Subsection 53-5c-202(4)(b)(iii), or any other record created in the application of this chapter no later than five days after:
| (a) |
returning a firearm in accordance with Subsection (2)(d); or |
| (b) |
appropriating, selling, or destroying the firearm in accordance with Section 53-5c-202. |
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| (7) |
A law enforcement agency shall adopt a policy for the safekeeping of a firearm held in accordance with this chapter. |
Amended by Chapter 258, 2015 General Session
