Utah Code 53-5c-202. Illegal firearms confiscated — Disposition of unclaimed firearm
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(1) If a law enforcement agency receives a firearm in accordance with Section 53-5c-201, and the firearm is an illegal firearm, the law enforcement agency shall:
Terms Used In Utah Code 53-5c-202
- 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
- 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
- Law enforcement agency: means a municipal or county police agency or an officer of that agency. See Utah Code 53-5c-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(1)(a) notify the owner cohabitant attempting to voluntarily commit the firearm that the firearm is an illegal firearm; and(1)(b) confiscate the firearm and dispose of the firearm in accordance with Section 77-11a-403.(2)(2)(a) If a law enforcement agency cannot, after a reasonable attempt, locate an owner cohabitant to return a firearm in accordance with Section 53-5c-201, the law enforcement agency shall dispose of the firearm in accordance with Section 77-11a-403.(2)(b) A law enforcement agency may not dispose of a firearm under Subsection (2)(a) before one year after the day on which the cohabitant initially voluntarily committed the firearm in accordance with Section 53-5c-201.(3)(3)(a) If a person other than an owner cohabitant claims ownership of the firearm, the person may:(3)(a)(i) request that the law enforcement agency return the firearm in accordance with Subsection (3)(b); or(3)(a)(ii) petition the court for the firearm’s return in accordance with Subsection (3)(c).(3)(b) Except as provided in Section 53-5c-201, the law enforcement agency shall return a firearm to a person other than an owner cohabitant who claims ownership of the firearm if:(3)(b)(i) the 60-day period described in Section 53-5c-201 has expired;(3)(b)(ii) the person provides identification; and(3)(b)(iii) the person signs a document attesting that the person has an ownership interest in the firearm.(3)(c) After sufficient notice is given to the prosecutor, the court may order that the firearm be:(3)(c)(i) returned to the rightful owner as determined by the court; or(3)(c)(ii) disposed of in accordance with Section 77-11a-403.(3)(d) A law enforcement agency shall return a firearm ordered returned to the rightful owner as expeditiously as possible after a court determination.