Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 252 Second Substitute (2017GS)

Sponsor

Rep. Daw, B.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires that the Department of Public Safety contract with a federally licensed firearms dealer to act as the state-approved dealer for the state;
• provides that when a governmental agency disposes of a confiscated or unclaimed firearm, the governmental agency shall:
• sell the firearm at public auction; or
• give the firearm to the state-approved dealer to sell in accordance with the provisions of this bill;
• addresses the allocation of proceeds from the sale of a confiscated or unclaimed firearm; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DISPOSAL OF FIREARMS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies and enacts provisions related to the disposal of firearms. 
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires that the Department of Public Safety contract with a federally licensed
firearms dealer to act as the state-approved dealer for the state;
▸ provides that when a governmental agency disposes of a confiscated or unclaimed
firearm, the governmental agency shall:
• sell the firearm at public auction; or
• give the firearm to the state-approved dealer to sell in accordance with the
provisions of this bill;
▸ addresses the allocation of proceeds from the sale of a confiscated or unclaimed
firearm; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
24-3-103
, as enacted by Laws of Utah 2013, Chapter 394
53-5c-201
, as last amended by Laws of Utah 2015, Chapter 258
53-5c-202
, as enacted by Laws of Utah 2013, Chapter 188
ENACTS:
24-3-103.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
24-3-103
 is amended to read:
24-3-103.
Property no longer needed as evidence -- Disposition of property.
(1) When the prosecuting attorney determines that property no longer needs to be held
as evidence, the prosecuting attorney may:
(a) petition the court to apply any property that is money towards restitution, fines,
fees, or monetary judgments owed by the owner of the property;
(b) petition the court for an order transferring ownership of any weapons to the seizing
agency for [
its
] 
the agency's
 use and disposal [
as the seizing agency determines
] 
in accordance
with applicable law
 , if the owner:
(i) is the person who committed the crime for which the weapon was seized; or
(ii) may not lawfully possess the weapon; or
(c) notify the agency that has possession of the property that the property may be:
(i) returned to the rightful owner, if the rightful owner may lawfully possess it; or
(ii) disposed of, if the property is contraband.
(2) The agency shall exercise due diligence in attempting to notify the rightful owner of
the property to advise the owner that the property is to be returned.
(3) (a) Before the agency may release property to a person claiming ownership of the
property, the person shall establish [
to the agency pursuant to
] 
in accordance with
 Subsection
(3)(b) that the person:
(i) is the rightful owner; and
(ii) may lawfully possess the property.
(b) The person shall establish ownership under Subsection (3)(a) by providing to the
agency:
(i) identifying proof or documentation of ownership of the property; or
(ii) a notarized statement, if proof or documentation is not available.
(4) (a) When property is returned to the owner, a receipt listing in detail the property
returned shall be signed by the owner.
(b) The receipt shall be retained by the agency and a copy shall be provided to the
owner.
(5) [
If
] 
(a) Except as provided in Subsection (5)(b), if
 the agency is unable to locate the
rightful owner of the property or if the rightful owner is not entitled to lawfully possess the
property, the agency may:
[
(a)
] 
(i)
 apply the property to a public interest use;
[
(b)
] 
(ii)
 sell the property at public auction and apply the proceeds of the sale to a
public interest use; or
[
(c)
] 
(iii)
 destroy the property if [
it
] 
the property
 is unfit for a public interest use or for
sale.
(b) If the property described in Subsection (5)(a) is a firearm, the agency shall dispose
of the firearm in accordance with Section 
24-3-103.5
.
(6) Before applying the property or the proceeds from the sale of the property to a
public interest use, the agency shall obtain from the legislative body of its jurisdiction:
(a) permission to apply the property or the proceeds to public interest use; and
(b) the designation and approval of the public interest use of the property or the
proceeds.
Section 2. Section 
24-3-103.5
 is enacted to read:
 24-3-103.5.
Disposition of firearms no longer needed as evidence.
(1) As used in this section:
(a) "Confiscated or unclaimed firearm" means a firearm that is subject to disposal by
an agency under Section 
24-3-103
 or 
53-5c-202
.
(b) "Department" means the Department of Public Safety created in Section 
53-1-103
.
(c) "Federally licensed firearms dealer" means a person:
(i) licensed as a dealer under 18 U.S.C. Sec. 923; and
(ii) engaged in the business of selling firearms.
(d) "Public interest use" means the same as that term is defined in Section 
24-1-102
.
(e) "State-approved dealer" means the federally licensed firearms dealer who contracts
with the department under Subsection (4).
(2) An agency shall dispose of a confiscated or unclaimed firearm by:
(a) selling or destroying the confiscated or unclaimed firearm in accordance with
Subsection (3); or
(b) giving the confiscated or unclaimed firearm to the state-approved dealer to sell or
destroy in accordance with Subsection (4) and the agreement between the state-approved dealer
and the department.
(3) (a) An agency that elects to dispose of a confiscated or unclaimed firearm under
Subsection (2)(a) shall:
(i) sell the confiscated or unclaimed firearm at public auction and apply the proceeds of
the sale to a public interest use; or
(ii) if the agency determines that the condition of a confiscated or unclaimed firearm
makes the firearm unfit for sale, destroy the firearm.
(b) Before an agency applies the proceeds of a sale of a confiscated or unclaimed
firearm to a public interest use, the agency shall obtain from the legislative body of the agency's
jurisdiction:
(i) permission to apply the proceeds of the sale to a public interest use; and
(ii) the designation and approval of the public interest use to which the agency applies
the proceeds.
(4) (a) The department shall, in accordance with Title 63G, Chapter 6a, Utah
Procurement Code, contract with a federally licensed firearms dealer to sell or destroy all
confiscated or unclaimed firearms in the state.
(b) An agreement executed in accordance with Subsection (4)(a) shall:
(i) address the amount of money that the federally licensed firearms dealer is entitled to
retain from the sale of each confiscated or unclaimed firearm as compensation for the federally
licensed firearms dealer's performance under the agreement;
(ii) require the federally licensed firearms dealer to donate, on behalf of the state, all
proceeds from the sale of a confiscated or unclaimed firearm, except the amount described in
Subsection (4)(b)(i), to an organization that:
(A) is exempt from taxation under Section 501(c)(3), Internal Revenue Code;
(B) complies with any applicable licensing or registration requirements in the state;
(C) primarily helps the families of law enforcement officers in the state who die in the
line of duty;
(D) gives financial assistance to the families of law enforcement officers in the state
who die in the line of duty; and
(E) provides other assistance to children of active law enforcement officers, including
scholarships;
(iii) state that if the federally licensed firearms dealer determines that the condition of a
confiscated or unclaimed firearm makes the firearm unfit for sale, the federally licensed
firearms dealer shall destroy the firearm; and
(iv) provide a procedure by which the department can ensure that the federally licensed
firearms dealer complies with the provisions of the agreement and applicable law.
Section 3. Section 
53-5c-201
 is amended to read:
53-5c-201.
Voluntary commitment of a firearm by owner cohabitant -- Law
enforcement to hold firearm.
(1) (a) An owner cohabitant may voluntarily commit a firearm to a law enforcement
agency for safekeeping if the owner cohabitant believes that another cohabitant is an immediate
threat to:
(i) himself or herself;
(ii) the owner cohabitant; or
(iii) any other person.
(b) A law enforcement agency may not hold a firearm under this section if the law
enforcement agency obtains the firearm in a manner other than the owner cohabitant
voluntarily presenting, of [
his or her
] 
the owner cohabitant's
 own free will, the firearm to the
law enforcement agency at the agency's office.
(2) 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
(iii) the date that the firearm was voluntarily committed;
(b) require the owner cohabitant to sign a document attesting that the owner cohabitant
has an ownership interest in the firearm;
(c) hold the firearm in safe custody for 60 days after the day on which [
it
] 
the firearm
 is
voluntarily committed; and
(d) upon proof of identification, return the firearm to:
(i) the owner cohabitant after the expiration of the 60-day period or, 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) [
to
] an owner other than the owner cohabitant in accordance with Section
53-5c-202
.
(3) The law enforcement agency shall hold the firearm for an additional 60 days:
(a) if the initial 60-day period expires; and
(b) the owner cohabitant requests that the law enforcement agency hold the firearm for
an additional 60 days.
(4) 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.
(5) 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
(2), Subsection 
53-5c-202
(4)(b)(iii), or any other record created in the application of this
chapter no later than five days after:
(a) returning a firearm in accordance with Subsection (2)(d); or
(b) [
appropriating, selling, or destroying
] 
disposing of
 the firearm in accordance with
Section 
53-5c-202
.
(6) 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.
(7) A law enforcement agency shall adopt a policy for the safekeeping of a firearm held
in accordance with this chapter.
Section 4. Section 
53-5c-202
 is amended to read:
53-5c-202.
Illegal firearms confiscated -- Disposition of unclaimed firearm.
(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 [
it as the head of the law enforcement agency
determines
] 
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 [
may:
] 
shall dispose of the firearm in accordance with Section 
24-3-103.5
.
[
(i) appropriate the firearm to public interest use as provided in Subsection (3);
]
[
(ii) sell the firearm at public auction as provided by law and appropriate the proceeds
of the sale to public interest use; or
]
[
(iii) destroy the firearm if unfit for sale.
]
(b) A law enforcement agency [
may take an action in accordance with
] 
may not
dispose of a firearm under
 Subsection (2)(a) [
no earlier than
] 
before
 one year after the day on
which the owner cohabitant initially voluntarily commits the firearm in accordance with
Section 
53-5c-201
.
[
(3) Before appropriating the firearm to public interest use, the law enforcement
agency, having possession of the firearm, shall obtain from the legislative body of its
jurisdiction:
]
[
(a) permission to appropriate the firearm to public interest use; and
]
[
(b) the designation and approval of the public interest use of the firearm.
]
[
(4)
] 
(3)
 (a) If a person other than an owner cohabitant who voluntarily commits a
firearm in accordance with Section 
53-5c-201
 claims ownership of the firearm, the person may:
(i) request that the law enforcement agency return the firearm in accordance with
Subsection [
(4)
] 
(3)
(b); or
(ii) petition the court for the firearm's return in accordance with Subsection [
(4)
] 
(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) converted to public interest use; or
]
[
(iii) destroyed.
]
(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.
Legislative Review Note
Office of Legislative Research and General Counsel