Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 200 (2021GS)

Sponsor

Rep. Maloy, A.C.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• clarifies that a cohabitant or an owner cohabitant may surrender a firearm to law enforcement;
• allows law enforcement officers to receive firearms;
• requires a law enforcement agency to return a firearm to the owner upon request; and
• makes technical and conforming corrections.

Every vote on this bill

Bill text

FIREARM SAFE HARBOR AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill amends the safe harbor provisions for firearms.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ clarifies that a cohabitant or an owner cohabitant may surrender a firearm to law
enforcement;
▸ allows law enforcement officers to receive firearms;
▸ requires a law enforcement agency to return a firearm to the owner upon request;
and
▸ makes technical and conforming corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5c-201
, as last amended by Laws of Utah 2019, Chapters 136 and 369
53-5c-202
, as last amended by Laws of Utah 2017, Chapter 334
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-5c-201
 is amended to read:
53-5c-201.
Voluntary commitment of a firearm by cohabitant -- Law enforcement
to hold firearm.
(1) As used in this section[
, "cohabitant"
]
:
(a) "Cohabitant"
 means any individual 18 years [
of age
] 
old
 or older residing in the
home who:
[
(a)
] 
(i)
 is living as if a spouse of the owner cohabitant;
[
(b)
] 
(ii)
 is related by blood or marriage to the owner cohabitant;
[
(c)
] 
(iii)
 has one or more children in common with the owner cohabitant; or
[
(d)
] 
(iv)
 has an interest in the safety and [
wellbeing
] 
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) [
A
] 
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 [
a
] 
the
 firearm under this section [
if the law enforcement agency
obtains the firearm in a manner other than the owner cohabitant voluntarily presenting, of the
owner cohabitant's own free will, the firearm to the law enforcement agency at the agency's
office.
]
; 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,
]
; 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.
Section 2. 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 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 [
owner
] cohabitant initially voluntarily [
commits
]
committed
 the firearm in accordance with Section 
53-5c-201
.
(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 (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.