News & Updates

H.B. 152 Voluntary Commitment Of A Firearm

Sections Affected:
U.C.A. 53-5c-201. Voluntary commitment of a firearm by owner cohabitant — Law enforcement to hold firearm.

Under this Bill it would define an “owner cohabitant” to mean any individual 18 years of age or older residing in the home who has an ownership interest in a firearm in the home:
• is living as if a spouse of the owner cohabitant;
• is related by blood or marriage to the owner cohabitant;
• has one or more children in common with the owner cohabitant; or
• has an interest in the safety and wellbeing of the owner cohabitant

Basically, it would allow anyone who lives with a person who owns a firearm, to take any and all firearms a person owns and give it to a law enforcement agency for “safekeeping” if the owner cohabitant thinks that the firearm owner is an immediate threat to:
• himself or herself;
• the owner cohabitant; or
• any other person.

A law enforcement agency may not hold a firearm if the law enforcement agency obtains the firearm in a manner other than the owner cohabitant voluntarily presenting, of the owner cohabitant’s own free will, the firearm to the law enforcement agency at the agency’s office.

Unless a firearm is an illegal firearm, the law enforcement agency must record:
• the owner cohabitant’s name, address, and phone number;
• the firearm serial number and the make and model of each firearm committed;
• the date that the firearm was voluntarily committed;

The owner cohabitant would be required to sign a document attesting that they reside in the home and have an ownership interest in the firearm. The law enforcement agency shall hold the firearm in safe custody for 60 days after the day on which the firearm is voluntarily committed and upon proof of identification:
• return the firearm to the owner cohabitant after the expiration of the 60-day period
• if the owner cohabitant requests return of the firearm before the expiration of the 60-day period, at the time of the request
• an owner other than the owner cohabitant in accordance with Section 53-5c-202.

It would allow the law enforcement agency to hold the firearm for an additional 60 days if the initial 60-day period expires and the cohabitant or owner cohabitant requests that the law enforcement agency hold the firearm for an additional 60 days.

A law enforcement agency may not request or require that the owner cohabitant provide the name or other information of the person who supposedly posed an immediate threat or any other cohabitant.

It would require the law enforcement agency to destroy a record or any other record created immediately, if practicable, but no later than five days after the return of a firearm or disposal of the firearm.

Because this Bill allows anyone who lives with a person who owns a firearm, to “steal” your property and give them to the police because they “feel” you are a danger to yourself or anyone else, without ANY proof or due process, and you wouldn’t be able to do anything about it until the person who “stole” your firearms asks for it/them back from the police. We oppose this Bill.

 We Oppose This Bill