53-5a-203. Prohibition on enforcement.

367 words·~2 min read·/ut/title-53/chapter-5a/53-5a-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 3/20/2023

(1)A law enforcement officer, state employee, or employee of a political subdivision is prohibited from implementing, enforcing, assisting, or cooperating in the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.

(2)An employee of the state or a political subdivision may not expend public funds or allocate public resources for the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.

(3)Notwithstanding Subsection

(1)or

(2), this section does not prohibit or otherwise limit a law enforcement officer, state employee, or employee of a political subdivision from:

(a)cooperating, communicating, or collaborating with a federal agency if the primary purpose of the cooperation is not the investigation or enforcement of a federal regulation on firearms, ammunition, or firearm accessories;

(b)serving on or participating in:

(i)a federal law enforcement task force or program if:

(A)investigation and prosecution of state or federal firearms regulations are part of the duties of the task force or program; or

(B)the law enforcement officer, state employee, or employee of the political subdivision is compensated by federal funds; or

(ii)a state law enforcement task force or program that:

(A)receives federal funding; or

(B)has participation from federal law enforcement officials; or

(c)referring an investigation to a federal law enforcement agency if the law enforcement officer, state employee, or political subdivision employee reasonably believes that a federal law regarding firearms, ammunition, or firearm accessories has been violated.

(4)This section does not apply to:

(a)a law enforcement officer or state employee employed by or assisting:

(i)the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201 ;

(ii)the Peace Officer Standards and Training Division created in Section 53-6-103 ; or

(iii)the Utah National Guard or the Utah State Defense Force created in Title 39A, National Guard and Militia Act ; or

(b)an individual who:

(i)is appointed as a Special Assistant U.S. Attorney under 18 U.S.C. Sec. 925D; or

(ii)is assisting another individual that is appointed as a Special Assistant U.S. Attorney under 18 U.S.C. Sec. 925D.

Enacted by Chapter 395 , 2023 General Session