(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.