Voluntary commitment of a firearm by cohabitant -- Law enforcement to hold firearm.

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  • (1) As used in this section:
    • (a) "Cohabitant" means any individual 18 years old or older residing in the home who:
      • (i) is living as if a spouse of the owner cohabitant;
      • (ii) is related by blood or marriage to the owner cohabitant;
      • (iii) has one or more children in common with the owner cohabitant; or
      • (iv) has an interest in the safety and well-being of the owner cohabitant.
    • (b) "Owner cohabitant" means an individual:
      • (i) in relation to a cohabitant as described in Subsection (1)(a); and
      • (ii) who owns a firearm.
  • (2)
    • (a) A cohabitant or owner cohabitant may voluntarily commit a firearm to a law enforcement agency or request that a law enforcement officer receive a firearm for safekeeping if the owner cohabitant or cohabitant believes that the owner cohabitant or another cohabitant with access to the firearm is an immediate threat to:
      • (i) himself or herself;
      • (ii) the owner cohabitant; or
      • (iii) any other person.
    • (b) If the owner of a firearm requests return of the firearm in person at the law enforcement agency's office, the law enforcement agency:
      • (i) may not hold the firearm under this section; and
      • (ii) shall return the firearm to the owner.
  • (3) Unless a firearm is an illegal firearm subject to Section 53-5c-202, a law enforcement agency that receives a firearm in accordance with this chapter shall:
    • (a) record:
      • (i) the owner cohabitant's name, address, and phone number;
      • (ii) the firearm serial number and the make and model of each firearm committed; and
      • (iii) the date that the firearm was voluntarily committed;
    • (b) require the cohabitant to sign a document attesting that the cohabitant resides in the home;
    • (c) hold the firearm in safe custody for 60 days after the day on which the firearm is voluntarily committed; and
    • (d) upon proof of identification, return the firearm to:
      • (i)
        • (A) the owner cohabitant after the expiration of the 60-day period; or
        • (B) if the owner cohabitant requests return of the firearm before the expiration of the 60-day period, at the time of the request; or
      • (ii) an owner other than the owner cohabitant in accordance with Section 53-5c-202.
  • (4) The law enforcement agency shall hold the firearm for an additional 60 days:
    • (a) if the initial 60-day period expires; and
    • (b) the cohabitant or owner cohabitant requests that the law enforcement agency hold the firearm for an additional 60 days.
  • (5) A law enforcement agency may not request or require that the owner cohabitant provide the name or other information of the cohabitant who poses an immediate threat or any other cohabitant.
  • (6) Notwithstanding an ordinance or policy to the contrary adopted in accordance with Section 63G-2-701, a law enforcement agency shall destroy a record created under Subsection (3), Subsection 53-5c-202(3)(b)(iii), or any other record created in the application of this chapter immediately, if practicable, but no later than five days after immediately upon the:
    • (a) return of a firearm in accordance with Subsection (3)(d); or
    • (b) disposal of the firearm in accordance with Section 53-5c-202.
  • (7) Unless otherwise provided, the provisions of Title 77, Chapter 24a, Lost or Mislaid Personal Property, do not apply to a firearm received by a law enforcement agency in accordance with this chapter.
  • (8) A law enforcement agency shall adopt a policy for the safekeeping of a firearm held in accordance with this chapter.




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