Current through the 2024 Fourth Special Session
Section 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 77-11a-403.(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 77-11a-403.(b) A law enforcement agency may not dispose of a firearm under Subsection (2)(a) before one year after the day on which the cohabitant initially voluntarily committed the firearm in accordance with Section 53-5c-201.(3)(a) If a person other than an owner cohabitant 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 77-11a-403.(d) A law enforcement agency shall return a firearm ordered returned to the rightful owner as expeditiously as possible after a court determination.Amended by Chapter 448, 2023 General Session ,§ 8, eff. 5/3/2023.Amended by Chapter 137, 2021 General Session ,§ 2, eff. 5/5/2021.Amended by Chapter 334, 2017 General Session ,§ 4, eff. 1/1/2018.Added by Chapter 188, 2013 General Session ,§ 4, eff. 5/14/2013.