Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 316 (2020GS)

Sponsor

Rep. King, Brian S.

Final action

House/ filed 3/12/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms; and
• provides notification requirements to an individual accused or convicted of a criminal charge that would prevent the individual from lawfully owning or possessing a firearm.

Every vote on this bill

Bill text

RESTRICTED STATUS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian S. King
Senate Sponsor: 
 Kathleen Riebe
LONG TITLE
General Description:
This bill provides notification requirements for an individual who may not possess a
firearm as a result of a criminal conviction.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ provides notification requirements to an individual accused or convicted of a
criminal charge that would prevent the individual from lawfully owning or
possessing a firearm.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-10-503.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-503.1
 is enacted to read:
 76-10-503.1.
Firearm restriction notification requirement.
(1) As used in this section:
(a) "Restricted person" means an individual who is restricted from possessing,
purchasing, transferring, or owning a firearm under Section 
76-10-503
.
(b) "Possess" or "Possession" means actual physical possession, actual or purported
ownership, or exercising control of an item.
(2) A defendant intending to plead guilty or no contest to a criminal charge that will,
upon conviction, cause the defendant to become a restricted person shall, before entering a plea
before a court, sign an affidavit attesting that:
(a) the defendant's attorney or the prosecuting attorney has informed the defendant:
(i) that conviction of the charge will classify the defendant as a restricted person;
(ii) that a restricted person may not possess a firearm; and
(iii) of the criminal penalties associated with possession of a firearm by a restricted
person of the same category the defendant will become upon entering a plea for the criminal
charge; and
(b) the defendant acknowledges and understands that, by pleading guilty or no contest
to the criminal charge, the defendant:
(i) will be a restricted person;
(ii) upon conviction, shall immediately forfeit possession of each firearm currently
possessed by the defendant; and
(iii) will be in violation of federal and state law if the defendant possesses a firearm.
(3) The prosecuting attorney or the defendant's attorney shall provide the affidavit
described in Subsection (2) to the court before the defendant's entry of a plea, if the defendant
pleads guilty or no contest.
(4) A defendant who is convicted by trial of a criminal charge resulting in the
defendant becoming a restricted person shall, at the time of sentencing:
(a) be verbally informed by the court, prosecuting attorney, or defendant's attorney:
(i) that the defendant is a restricted person;
(ii) that, as a restricted person, the defendant may not possess a firearm; and
(iii) of the criminal penalties associated with possession of a firearm by a restricted
person of the defendant's category; and
(b) sign an affidavit in the presence of the court attesting that the defendant
acknowledges and understands that the defendant:
(i) is a restricted person;
(ii) must immediately forfeit possession of each firearm; and
(iii) will be in violation of federal and state law if the defendant possesses a firearm.
(5) The prosecuting attorney and the defendant's attorney shall inform the court at the
preliminary hearing if a charge filed against the defendant would qualify the defendant as a
restricted person if the defendant is convicted of the charge.