Section 202 - Illegal firearms confiscated -- Disposition of unclaimed firearm.

UT Code § 53-5c-202 (2019) (N/A)
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(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 .

(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 the firearm in accordance with Section 53-5c-201.

(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 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.

(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).

(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.

(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.

(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.