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Utah Code Title 53. Public Safety Code § 53-5c-201. Voluntary commitment of a firearm by cohabitant--Law enforcement to hold firearm

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) As used in this section:

(a) “Cohabitant” means any individual 18 years old or older residing in the home who:

(i) is living as if a spouse of the owner cohabitant;

(ii) is related by blood or marriage to the owner cohabitant;

(iii) has one or more children in common with the owner cohabitant;  or

(iv) has an interest in the safety and well-being of the owner cohabitant.

(b) “Owner cohabitant” means an individual:

(i) in relation to a cohabitant as described in Subsection (1)(a);  and

(ii) who owns a firearm.

(2)(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) himself or herself;

(ii) the owner cohabitant;  or

(iii) any other person.

(b) 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.

(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 for 60 days after the day on which the firearm is voluntarily committed;  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 24a, Lost or Mislaid Personal 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.

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Cite this article: FindLaw.com - Utah Code Title 53. Public Safety Code § 53-5c-201. Voluntary commitment of a firearm by cohabitant--Law enforcement to hold firearm - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-53-public-safety-code/ut-code-sect-53-5c-201/

Read this complete Utah Code Title 53. Public Safety Code § 53-5c-201. Voluntary commitment of a firearm by cohabitant--Law enforcement to hold firearm on Westlaw

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