Illegal firearms confiscated -- Disposition of unclaimed firearm.
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(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.
(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 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 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.