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Current as of May 05, 2022 | Updated by FindLaw Staff
(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:
(a) notify the owner cohabitant attempting to voluntarily commit the firearm that the firearm is an illegal firearm; and
(b) confiscate the firearm and dispose of the firearm in accordance with Section 24-3-103.5.
(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 24-3-103.5.
(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)(a) If a person other than an owner cohabitant claims ownership of the firearm, the person may:
(i) request that the law enforcement agency return the firearm in accordance with Subsection (3)(b); or
(ii) petition the court for the firearm's return in accordance with Subsection (3)(c).
(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:
(i) the 60-day period described in Section 53-5c-201 has expired;
(ii) the person provides identification; and
(iii) the person signs a document attesting that the person has an ownership interest in the firearm.
(c) After sufficient notice is given to the prosecutor, the court may order that the firearm be:
(i) returned to the rightful owner as determined by the court; or
(ii) disposed of in accordance with Section 24-3-103.5.
(d) A law enforcement agency shall return a firearm ordered returned to the rightful owner as expeditiously as possible after a court determination.
Cite this article: FindLaw.com - Utah Code Title 53. Public Safety Code § 53-5c-202. Illegal firearms confiscated--Disposition of unclaimed firearm - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-53-public-safety-code/ut-code-sect-53-5c-202/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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