53-5a-503. Illegal firearms confiscated -- Disposition of unclaimed firearm.

332 words·~2 min read·/ut/title-53/chapter-5a/53-5a-503

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

Effective 5/7/2025

(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 .

(a)If a law enforcement agency cannot, after a reasonable attempt, locate an owner cohabitant to return a firearm in accordance with Section 53-5a-502 , 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 53-5a-502 .

(a)If an individual other than an owner cohabitant claims ownership of the firearm, the individual 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 53-5a-502 , the law enforcement agency shall return a firearm to an individual other than an owner cohabitant who claims ownership of the firearm if:

(i)the 60-day period described in Section 53-5a-502 has expired;

(ii)the individual provides identification; and

(iii)the individual signs a document attesting that the individual 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.

Renumbered and Amended by Chapter 208 , 2025 General Session