Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 267 Second Substitute (2020GS)

Sponsor

Rep. Stoddard, A.

Final action

House/ filed 3/12/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• requires an individual to surrender ownership and possession of all firearms within 72 hours of becoming a restricted person;
• provides procedures and requirements for a restricted person to comply with upon surrendering a firearm; and
• authorizes law enforcement to search and seize the firearms of a restricted person under specified circumstances.

Every vote on this bill

Bill text

PROHIBITED PERSONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill provides a process for surrendering a firearm after an individual becomes a
restricted person. 
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires an individual to surrender ownership and possession of all firearms within
72 hours of becoming a restricted person;
▸ provides procedures and requirements for a restricted person to comply with upon
surrendering a firearm; and
▸ authorizes law enforcement to search and seize the firearms of a restricted person
under specified circumstances. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-10-503.2
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-503.2
 is enacted to read:
 76-10-503.2.
Surrender of firearm by a restricted person.
(1) As used in this section:
(a) "Federally licensed firearms dealer" means the same as that term is defined in
Section 
27-3-103.5
.
(b) "Restricted person" means an individual restricted from possessing, purchasing,
transferring, or owning a firearm under Section 
76-10-503
.
(2) If, upon conviction or plea in a criminal proceeding, an individual becomes a
restricted person, the court presiding over the criminal proceeding shall order the individual to:
(a) surrender each firearm that the individual owns or possesses no later than 72 hours
after:
(i) the court issues the order described in this subsection; or
(ii) the restricted person is released from law enforcement custody, if the restricted
person is held in law enforcement custody upon conviction or plea;
(b) transfer ownership or possession of each firearm the restricted person owns or
possesses as provided in Subsection (3); and
(c) submit the documentation described in Subsection (6) to the court.
(3) In accordance with Subsection (2)(b), the restricted person shall:
(a) sell or transfer each firearm owned by the restricted person to one or more of the
following:
(i) a licensed firearm dealer;
(ii) a law enforcement agency; or
(iii) an individual not cohabitating with the restricted person; and
(b) transfer each firearm not owned, but in the possession of the restricted person to
one or more of the following:
(i) the owner of the firearm, if the owner of the firearm:
(A) does not cohabitate with the restricted person; or
(B) cohabitates with the restricted person and maintains the firearm at a secure location
that is not known or accessible to the restricted person; or
(ii) a law enforcement agency.
(4) This section does not prevent a restricted person from receiving compensation in
exchange for the lawful sale of a firearm owned by the restricted person, unless otherwise
ordered by the court.
(5) Unless otherwise ordered by the court, a law enforcement agency that receives a
firearm from a restricted person under this section may dispose of the firearms in any manner
described in Section 
24-3-103.5
.
(6) No later than one business day after the day on which the restricted person
completes surrender of each of the restricted person's firearms, the restricted person shall
submit the following documentation to the court presiding over the restricted person's criminal
proceedings:
(a) an affidavit signed by the restricted person stating that the restricted person:
(i) has relinquished ownership and possession of all firearms;
(ii) acknowledges and understands that the restricted person's ownership or possession
of a firearm is a violation of federal and state law; and
(iii) has fully complied with the court's order described in Subsection (2); and
(b) a document signed by each person to whom the restricted person transferred
ownership or possession of a firearm that:
(i) confirms receipt of the restricted person's firearm; and
(ii) provides a brief description of each firearm the person received from the restricted
person.
(7) If there is probable cause to believe that a restricted person possesses a firearm after
the 72-hour period described in Subsection (2)(a), the court may issue a search warrant
authorizing a law enforcement agency to search for and seize any firearm that the restricted
person possesses.
(8) A restricted person's failure to timely comply with an order described in Subsection
(2) may serve as probable cause to support prosecution under Section 
76-10-503
.
(9) If, upon becoming a restricted person, the restricted person represents to the court
that the restricted person does not own or possess a firearm, the restricted person shall sign an
affidavit in the presence of the court that states the restricted person:
(a) does not own or possess a firearm; and
(b) acknowledges and understands that the possession of a firearm is a violation of
state and federal law.