(1) An individual who is not a restricted person under Section 76-10-503 may voluntarily request to be restricted from the purchase or possession of firearms.
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Terms Used In Utah Code 53-5c-301

  • Bureau: means the Bureau of Criminal Identification created in Section 53-10-201. 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
  • Health care provider: means a person:
         (5)(a) who provides health care or professional services related to health care; and
         (5)(b) is acting within the scope of the person's license, certification, practice, education, or training. 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
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
(2) An individual requesting to be restricted under Subsection (1) may request placement on one of the following restricted lists:

     (2)(a) a restricted list that:

          (2)(a)(i) restricts the individual from purchasing or possessing a firearm for 180 days with automatic removal of the individual from the restricted list at the end of the 180 days; and
          (2)(a)(ii) allows the individual to request removal 30 days after the day on which the individual is added to the restricted list; or
     (2)(b) a restricted list that:

          (2)(b)(i) restricts the individual from purchasing or possessing a firearm indefinitely; and
          (2)(b)(ii) allows the individual to request removal 90 days after the day on which the individual is added to the restricted list.
(3)

     (3)(a) Subject to Subsections (8) and (9), the bureau shall develop a process and forms for inclusion on, and removal from, a restricted list as described in Subsection (2) to be maintained by the bureau.
     (3)(b) The bureau shall make the forms for inclusion and removal available by download through the bureau’s website and require, at a minimum, the following information for the individual described in Subsection (1):

          (3)(b)(i) name;
          (3)(b)(ii) address;
          (3)(b)(iii) date of birth;
          (3)(b)(iv) contact information;
          (3)(b)(v) signature; and
          (3)(b)(vi)

               (3)(b)(vi)(A) if the individual is entered on the restricted list as described in Subsection (2)(a), an acknowledgment of the statement in Subsection (8)(a); or
               (3)(b)(vi)(B) if the individual is entered on the restricted list as described in Subsection (2)(b), an acknowledgment of the statement in Subsection (8)(b).
(4)

     (4)(a) An individual requesting inclusion on a restricted list under Subsection (2) shall:

          (4)(a)(i) deliver the completed form in person to a law enforcement agency; or
          (4)(a)(ii) direct the individual’s health care provider under Section 53-5c-302 to electronically deliver the individual’s request to the bureau.
     (4)(b) The law enforcement agency described in Subsection (4)(a)(i):

          (4)(b)(i) shall verify the individual’s identity before accepting the form;
          (4)(b)(ii) may not accept a form from someone other than the individual named on the form; and
          (4)(b)(iii) shall transmit the form electronically to the bureau through the Utah Criminal Justice Information System.
(5) Upon receipt of a verified form provided under this section or Section 53-5c-302 requesting inclusion on a restricted list, the bureau shall, within 24 hours, add the individual’s name to the restricted list.
(6)

     (6)(a) For an individual added to the restricted list described in Subsection (2)(a):

          (6)(a)(i) the individual may not request removal from the restricted list unless the individual has been on the restricted list for at least 30 days;
          (6)(a)(ii) the bureau shall remove the individual from the restricted list 180 days after the day on which the individual was added to the restricted list, unless the individual:

               (6)(a)(ii)(A) requests to be removed from the restricted list after 30 days;
               (6)(a)(ii)(B) requests to remain on the restricted list; or
               (6)(a)(ii)(C) directs the individual’s health care provider to request that the individual remain on the restricted list;
          (6)(a)(iii) a request for an extension shall be made in the same manner as the original request; and
          (6)(a)(iv) the individual may continue to request, or direct the individual’s health care provider to continue to request, extensions every 180 days.
     (6)(b) For an individual added to a restricted list under Subsection (2)(b), the individual:

          (6)(b)(i) may not request removal from the restricted list unless the individual has been on the restricted list for at least 90 days; and
          (6)(b)(ii) shall remain on the restricted list, unless the bureau receives a request from the individual to have the individual’s name removed from the restricted list.
(7) If an individual restricted under this section is a concealed firearm permit holder, the individual’s permit shall be:

     (7)(a) suspended upon entry on the restricted list; and
     (7)(b) reinstated upon removal from the restricted list, unless:

          (7)(b)(i) the permit has been revoked, been suspended for a reason other than under this section, or has expired; or
          (7)(b)(ii) the individual has become a restricted person under Section 76-10-503.
(8)

     (8)(a) The form for an individual seeking to be placed on the restricted list described in Subsection (2)(a) shall have the following language prominently displayed before the signature:

     

“ACKNOWLEDGMENT

     By presenting this completed form to a law enforcement agency, I understand that I am requesting that my name be placed on a restricted list that restricts my ability to purchase or possess firearms for a minimum of 30 days, and up to 6 months. I understand that by voluntarily making myself a temporarily restricted person, I may not have a firearm in my possession and any attempt to purchase a firearm while I am on the restricted list will be declined. I also understand that any time after 30 days, I may request removal from the restricted list and all previous rights will be restored. In addition, if I am in possession of a valid concealed firearm permit, my permit will be suspended during the time I am on the restricted list, but will be reinstated upon my removal, unless the permit has expired, been revoked, been suspended for another reason, or I become ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while outside Utah, I will be subject to the law of that location regarding restricted persons.”

     (8)(b) The form for an individual seeking to be placed on the restricted list described in Subsection (2)(b) shall have the following language prominently displayed before the signature:

     

“ACKNOWLEDGMENT

     By presenting this completed form to a law enforcement agency, I understand that I am requesting that my name be placed on a restricted list that restricts my ability to purchase or possess firearms indefinitely. I understand that by voluntarily making myself a temporarily restricted person, I may not have a firearm in my possession and any attempt to purchase a firearm while I am on the restricted list will be declined. I also understand that any time after 90 days, I may request removal from the restricted list and all previous rights will be restored. In addition, if I am in possession of a valid concealed firearm permit, my permit will be suspended during the time I am on the restricted list, but will be reinstated upon my removal, unless the permit has expired, been revoked, been suspended for another reason, or I become ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while outside Utah, I will be subject to the law of that location regarding restricted persons.”

(9)

     (9)(a) An individual requesting removal from a restricted list shall deliver a completed removal form in person to:

          (9)(a)(i) the law enforcement agency that processed the inclusion form if the individual was placed on the restricted list under Subsection (4)(a)(i); or
          (9)(a)(ii) the individual’s local law enforcement agency if the individual was placed on the restricted list under Subsection (4)(a)(ii).
     (9)(b) The law enforcement agency described in Subsection (9)(a):

          (9)(b)(i) shall verify the individual’s identity before accepting the form;
          (9)(b)(ii) may not accept a removal form from someone other than the individual named on the form; and
          (9)(b)(iii) shall transmit the removal form electronically to the bureau through the Utah Criminal Justice Information System.
(10) Upon receipt of a verified removal form, the bureau shall, after three business days, remove the individual from the restricted list and remove the information from the National Instant Criminal Background Check System.
(11) For an individual added to the restricted list under Subsection (2)(a), within 30 days before the 180-day removal deadline, the bureau shall notify the individual at the address listed on the inclusion form described in Subsection (4) and, if applicable, the law enforcement agency that processed the inclusion form, that the individual is due to be removed from the restricted list, and the date on which the removal will occur, unless the individual requests an extension of up to 180 days.
(12)

     (12)(a) A law enforcement agency that receives a request for inclusion under Subsection (4)(a)(i) shall:

          (12)(a)(i) maintain the completed form and all subsequent completed forms in a separate file; and
          (12)(a)(ii) for an individual added to the restricted list under Subsection (2)(a), destroy the entire file within five days after the date indicated in the notification if the individual does not request an extension after notification in accordance with Subsection (11).
     (12)(b) A law enforcement agency that receives a removal request under Subsection (9) shall destroy the entire file associated with the individual within five days after the day on which the information is transmitted to the bureau.
     (12)(c) Upon removal of an individual from a restricted list, the bureau shall destroy all records related to the inclusion and removal of the individual within five days after the day on which the individual was removed.
     (12)(d) All forms and records created in accordance with this section are classified as private records in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(13) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to develop the process and forms to implement this section.

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