Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 195 (2025GS)

Sponsor

Rep. MacPherson, Matt

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• prohibits a plea in abeyance from allowing a condition of the plea that the defendant forfeits the defendant's firearms in certain circumstances;
• requires firearms seized by law enforcement from an individual as a result of the individual committing a criminal offense to be returned to the individual if the individual may lawfully possess the firearm and is not charged with a crime that would make the individual a restricted person;
• contains a coordination clause to coordinate technical changes between this bill, H.B. 21, Criminal Code Recodification and Cross References, and H.B. 133, Dangerous Weapons Amendments; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

8
76-10-529
77-2a-2
77-11a-402
HB0195
HB0133
HB0021
77-11a-402
76-10-529
77-2a-2
77-11a-402
HB0195
HB0133
HB0021
77-11a-402
0
Firearm Retention Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Daniel McCay
LONG TITLE
General Description:
This bill address the retention in evidence of seized firearms.
Highlighted Provisions:
This bill:
prohibits a plea in abeyance from allowing a condition of the plea that the defendant 
forfeits the defendant's firearms in certain circumstances;
requires firearms seized by law enforcement from an individual as a result of the 
individual committing a criminal offense to be returned to the individual if the 
individual may lawfully possess the firearm and is not charged with a crime that would 
make the individual a restricted person;
contains a coordination clause to coordinate technical changes between this bill, H.B. 21, 
Criminal Code Recodification and Cross References, and H.B. 133, Dangerous Weapons 
Amendments; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
76-10-529
, as last amended by Laws of Utah 2024, Chapter 332
77-2a-2
, as last amended by Laws of Utah 2024, Chapter 208
77-11a-402
, as last amended by Laws of Utah 2024, Chapter 332
Utah Code Sections Affected by Coordination Clause:
AMENDS:
77-11a-402
, as last amended by Laws of Utah 2024, Chapter 332
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-10-529
 is amended to read:
76-10-529
. Possession of firearms, other dangerous weapons, or explosives in 
airport secure areas prohibited -- Punishment limitations -- Reporting requirement.
(1)
(a)
As used in this section:
(i)
"Airport authority" has the same meaning as defined in Section 
72-10-102
.
(ii)
"Explosive" is the same as defined for "explosive, chemical, or incendiary 
device" in Section 
76-10-306
.
(iii)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-10-501
 apply to this section.
(2)
(a)
Within a secure area of an airport established pursuant to this section, an actor, 
including an actor licensed to carry a concealed firearm under Title 53, Chapter 5, 
Part 7, Concealed Firearm Act, is guilty of:
(i)
a class A misdemeanor if the actor knowingly or intentionally possesses a firearm 
or other dangerous weapon;
(ii)
subject to Subsection (5), an infraction if the actor recklessly or with criminal 
negligence possesses a firearm or other dangerous weapon; or
(iii)
a violation of Section 
76-10-306
 if the actor transports, possesses, distributes, or 
sells an explosive, chemical, or incendiary device.
(b)
Subsection (2)(a) does not apply to:
(i)
individuals exempted under Section 
76-10-523
; and
(ii)
a member of the state or federal military forces while engaged in the performance 
of the member's official duties.
(3)
An airport authority, county, municipality, or other entity regulating an airport may:
(a)
establish a secure area located beyond the main area where the public generally buys 
tickets, checks and retrieves luggage; and
(b)
use reasonable means, including mechanical, electronic, x-ray, or another device, to 
detect firearms, other dangerous weapons, or explosives concealed in baggage or 
upon the person of an individual attempting to enter the secure area.
(4)
At least one notice shall be prominently displayed at each entrance to a secure area in 
which a firearm, other dangerous weapon, or explosive is restricted.
(5)
(a)
An actor who violates Subsection (2)(a)(ii) on a first offense may receive a written 
warning for the offense and may not receive a citation or any other form of 
punishment.
(b)
An actor who violates Subsection (2)(a)(ii) on a second or subsequent offense may 
receive a written warning or a citation.
(6)
(a)
Except as provided in Subsection (6)(d), if a law enforcement officer issues a 
citation to an actor for an infraction as a result of the actor's conduct described in 
Subsection (2)(a)(ii), or provides an oral or written warning for that conduct, the law 
enforcement officer shall:
(i)
if the law enforcement officer is able to confirm that the actor may lawfully 
possess the firearm or other dangerous weapon, allow the actor, at the actor's 
option, to:
(A)
temporarily surrender custody of the firearm or other dangerous weapon into 
the custody of the law enforcement agency so that the firearm or other 
dangerous weapon may be retrieved by the actor at a later date; or
(B)
exit the secure area of the airport with the firearm or other dangerous weapon; 
or
(ii)
if the law enforcement officer is unable to confirm that the actor may lawfully 
possess the firearm or other dangerous weapon, or the airport authority under 
Subsection (6)(d) prohibits the procedure described in Subsection (6)(a)(i), take 
temporary custody of the firearm or other dangerous weapon so that the firearm or 
other dangerous weapon may be retrieved by the actor at a later date if legally 
permitted to do so.
(b)
If a law enforcement officer takes temporary custody of a firearm or other dangerous 
weapon under Subsection (6)(a):
(i)
at the time the firearm or other dangerous weapon is obtained from the actor, the 
law enforcement officer, or another law enforcement officer, or an employee who 
works in the secure area of the airport, shall provide the actor with written 
instructions on how, when, and where the actor may retrieve the actor's firearm or 
other dangerous weapon; and
(ii)
within three business days from the time when the law enforcement officer 
receives the firearm or other dangerous weapon, the law enforcement agency shall 
determine whether the actor is legally permitted to possess the firearm or other 
dangerous weapon, and if so, ensure that the firearm or other dangerous weapon is 
available for the actor to retrieve.
(c)
An unclaimed firearm or other dangerous weapon that is surrendered into the custody 
of a law enforcement agency under this Subsection (6) may be disposed of pursuant 
to Section 
77-11d-105
, disposition of unclaimed property.
(d)
An airport authority may implement a policy that prohibits the law enforcement 
agency with jurisdiction over the airport from utilizing the procedure described in 
Subsection (6)(a)(i).
(7)
(a)
An actor's firearm that is confiscated based on a violation of Subsection (2)(a)(i) 
shall be returned to the actor in accordance with Subsection 
77-11a-402
(1)(b) .
77-11a-402(2)
.
(b)
In accordance with Subsection 
77-11b-102
(5), a firearm seized under Subsection 
(2)(a)(i) is not subject to forfeiture if the actor may lawfully possess the firearm.
(c)
In a prosecution brought under this section, a prosecutor may not condition a plea on 
the forfeiture of a firearm.
(8)
An airport authority, county, municipality, or other entity regulating an airport or with 
local jurisdiction over an airport may not:
(a)
charge, cite, or prosecute an actor with a different offense under the Utah Code, local 
ordinance, or another state or local law or regulation for conduct described in 
Subsection (2)(a)(ii);
(b)
assess a civil penalty for conduct described in Subsection (2)(a)(i) or (ii); or
(c)
enact a regulation, ordinance, or law covering conduct described in Subsection (2).
(9)
A law enforcement agency that issues a written warning, citation, or referral for 
prosecution under this section shall record and report the information as required under 
Section 
53-25-103
.
Section 2, Section 
77-2a-2
 is amended to read:
77-2a-2
. Plea in abeyance agreement -- Negotiation -- Contents -- Terms of 
agreement -- Waiver of time for sentencing.
(1)
At any time after acceptance of a plea of guilty or no contest but before entry of 
judgment of conviction and imposition of sentence, the court may, upon motion of both 
the prosecuting attorney and the defendant, hold the plea in abeyance and not enter 
judgment of conviction against the defendant nor impose sentence upon the defendant 
within the time periods contained in Rule 22(a), Utah Rules of Criminal Procedure.
(2)
A defendant shall be represented by counsel during negotiations for a plea in abeyance 
and at the time of acknowledgment and affirmation of any plea in abeyance agreement 
unless the defendant knowingly and intelligently waives the defendant's right to counsel.
(3)
A defendant has the right to be represented by counsel at any court hearing relating to a 
plea in abeyance agreement.
(4)
(a)
Any plea in abeyance agreement entered into between the prosecution and the 
defendant and approved by the court shall
, subject to Subsection 
(7)
,
 include a full, 
detailed recitation of the requirements and conditions agreed to by the defendant and 
the reason for requesting the court to hold the plea in abeyance.
(b)
If the plea is to a felony or any combination of misdemeanors and felonies, the 
agreement shall be in writing and shall, before acceptance by the court, be executed 
by the prosecuting attorney, the defendant, and the defendant's counsel in the 
presence of the court.
(5)
(a)
Except as provided in Subsection (5)(b), a plea may not be held in abeyance for a 
period longer than 18 months if the plea is to any class of misdemeanor or longer 
than three years if the plea is to any degree of felony or to any combination of 
misdemeanors and felonies.
(b)
(i)
For a plea in abeyance agreement that the Department of Corrections 
supervises, the plea may not be held in abeyance for a period longer than the 
initial term of probation required under the adult sentencing and supervision 
length guidelines, as defined in Section 
63M-7-401.1
, if the initial term of 
probation is shorter than the period required under Subsection (5)(a).
(ii)
Subsection (5)(b)(i) does not:
(A)
apply to a plea that is held in abeyance in a drug court created under Title 
78A, Chapter 5, Part 2, Drug Court, or a problem solving court approved by 
the Judicial Council; or
(B)
prohibit court supervision of a plea in abeyance agreement after the day on 
which the Department of Corrections supervision described in Subsection 
(5)(b)(i) ends and before the day on which the plea in abeyance agreement ends.
(6)
Notwithstanding Subsection (5), a plea may be held in abeyance for up to two years if 
the plea is to any class of misdemeanor and the plea in abeyance agreement includes a 
condition that the defendant participate in a problem solving court approved by the 
Judicial Council.
(7)
A plea in abeyance agreement may not
:
(a)
be approved unless the defendant, before the court, and any written agreement, 
knowingly and intelligently waives time for sentencing as designated in Rule 22(a), 
Utah Rules of Criminal Procedure
; or
(b)
notwithstanding any other provision of law, include as part of the requirements and 
conditions agreed to by the defendant that the defendant will forfeit a firearm owned 
by the defendant if the offense the defendant will plea to is not an offense that would 
make the defendant a restricted person under Section 
76-10-503
 or federal law
.
Section 3, Section 
77-11a-402
 is amended to read:
77-11a-402
. Disposition of seized property and contraband -- Return of seized 
property.
(1)
(a)
Except as provided in Subsection 
(1)(b)
(2)
, if a prosecuting attorney 
determines that seized property no longer needs to be retained as evidence under 
Chapter 11c, Retention of Evidence, the prosecuting attorney may:
(i)
(a)
petition the court to apply the property that is money towards restitution, fines, 
fees, or monetary judgments owed by the owner of the property;
(ii)
(b)
petition the court for an order transferring ownership of weapons to the agency 
with custody for the agency's use and disposal in accordance with Section 
77-11a-403
if the owner:
(A)
(i)
is the individual who committed the offense for which the weapon was 
seized; or
(B)
(ii)
may not lawfully possess the weapon; or
(iii)
(c)
notify the agency with custody of the property or contraband that:
(A)
(i)
the property may be returned to the owner in accordance with Section 
77-11a-301
 if the owner may lawfully possess the property; or
(B)
(ii)
the contraband may be disposed of or destroyed.
(b)
(2)
(a)
If 
a
an individual is charged with a crime that would not make the individual 
a restricted person under Section 
76-10-503
 or federal law if convicted and the
prosecuting attorney determines that 
a
any
 firearm seized from 
an
the
 individual as 
a result of 
an
the
 offense 
committed under Subsection 
76-10-529
(2)(a)(i) 
allegedly 
committed by the individual 
no longer needs to be retained for court proceedings, the 
prosecuting attorney shall notify the agency with custody of the firearm that the 
property
firearm
 shall be returned to the individual if the individual may lawfully 
possess the firearm.
(b)
This Subsection (2) does not prohibit a law enforcement agency from performing a 
background check on an individual described in Subsection 
(2)(a)
 to determine if the 
individual may lawfully possess firearms.
(2)
(3)
Before returning a firearm to an individual, the agency returning the firearm shall 
confirm, through the Bureau of Criminal Identification, that the individual is eligible to 
lawfully possess and receive firearms.
(3)
(4)
(a)
Except as provided in Subsection 
(3)(b)
(4)(b)
, if the agency is unable to 
locate the owner of the property or the owner is not entitled to lawfully possess the 
property, the agency may:
(i)
apply the property to a public interest use;
(ii)
sell the property at public auction and apply the proceeds of the sale to a public 
interest use; or
(iii)
destroy the property if the property is unfit for a public interest use or for sale.
(b)
If the property described in Subsection 
(3)(a)
(4)(a)
 is a firearm, the agency shall 
dispose of the firearm in accordance with Section 
77-11a-403
.
(4)
(5)
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 the agency's 
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.
(5)
(6)
If a peace officer seizes property that at the time of seizure is held by a pawn or 
secondhand business in the course of the pawn or secondhand business's business, the 
provisions of Section 
13-32a-116
 shall apply to the disposition of the property.
Section 4. 
Effective date.
This bill takes effect on 
May 7, 2025
.
Section 5. 
Coordinating H.B. 195 with H.B. 128 and H.B. 21.
If H.B. 195, Firearm Retention Amendments, passes and becomes law, and if either 
or both H.B. 21, Criminal Code Recodification and Cross References, or H.B. 128, Dangerous 
Weapons Recodification and Cross References, also pass and become law, the amendments to 
Section 
77-11a-402
 in H.B. 195 supersede the amendments to Section 
77-11a-402
 in H.B. 128 
and H.B. 21.
3-7-25 11:39 AM