Utah Code 53-5c-201. Voluntary commitment of a firearm by cohabitant — Law enforcement to hold firearm
Current as of: 2024 | Check for updates
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Other versions
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For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 53-5c-201
- Arrest: Taking physical custody of a person by lawful authority.
- Cohabitant: means an individual who:(2)(a) is 18 years old or older;(2)(b) resides in the same home with another individual; and(2)(c)(2)(c)(i) is living as if a spouse of the individual;(2)(c)(ii) is related by blood or marriage to the individual;(2)(c)(iii) has one or more children in common with the individual; or(2)(c)(iv) has an interest in the safety and well-being of the individual. See Utah Code 53-5c-102
- Department: means the Department of Public Safety created in Section
53-1-103 . See Utah Code 53-1-102- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 53-5c-102
- Firearm: means a pistol, revolver, shotgun, short barrel shotgun, rifle or short barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 53-5c-102
- Illegal firearm: means a firearm the ownership or possession of which is prohibited under state or federal law. See Utah Code 53-5c-102
- Jail release agreement: means the same as that term is defined in Section 78B-7-801. See Utah Code 53-5c-102
- Jail release court order: means the same as that term is defined in Section 78B-7-801. See Utah Code 53-5c-102
- Law enforcement agency: means a municipal or county police agency or an officer of that agency. See Utah Code 53-5c-102
- Law enforcement officer: means the same as that term is defined in Section
53-13-103 . See Utah Code 53-1-102- Owner cohabitant: means a cohabitant who:
(10)(a) is 18 years old or older; and(10)(b) owns a firearm. See Utah Code 53-5c-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(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:(1)(a)(i) a cohabitant;(1)(a)(ii) the owner cohabitant; or(1)(a)(iii) another individual.(1)(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:(1)(b)(i) may not hold the firearm under this section; and(1)(b)(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:(2)(a) is a restricted person under Section 76-10-503; or(2)(b)(2)(b)(i) has been arrested and booked into a county jail on a class A misdemeanor or felony domestic violence offense;(2)(b)(ii) has had a court:(2)(b)(ii)(A) review the probable cause statement detailing the incident leading to the owner’s arrest; and(2)(b)(ii)(B) determine that probable cause existed for the arrest; and(2)(b)(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:(3)(a) record:(3)(a)(i) the owner cohabitant’s name, address, and phone number;(3)(a)(ii) the firearm serial number and the make and model of each firearm committed; and(3)(a)(iii) the date that the firearm was voluntarily committed;(3)(b) require the cohabitant to sign a document attesting that the cohabitant resides in the home;(3)(c) hold the firearm in safe custody:(3)(c)(i) for 60 days after the day on which the firearm is voluntarily committed; or(3)(c)(ii)(3)(c)(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(3)(c)(ii)(B) for 60 days after the day on which the jail release agreement or jail release court order expires; and(3)(d) upon proof of identification, return the firearm to:(3)(d)(i)(3)(d)(i)(A) the owner cohabitant after the expiration of the 60-day period; or(3)(d)(i)(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(3)(d)(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:(4)(a) if the initial 60-day period expires; and(4)(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:(6)(a) return of a firearm in accordance with Subsection (3)(d); or(6)(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. - Department: means the Department of Public Safety created in Section