News & Updates

H.B. 267 Prohibited Persons Amendments

This Bill
• Defines terms; and
• Requires a restricted person to comply with certain procedures upon becoming a restricted person.

Sections Enacted:
76-10-503.2. Surrender of firearm by a restricted person.

KEY:
• Words that are underlined (example) would be creating a new law.

Section 76-10-503.2. is enacted to read:
76-10-503.2. Surrender of firearm by a restricted person.
(1) As used in this section:
(a) “Federally licensed firearms dealer” means the same as that term is defined in Section 27-3-103.5.
(b) “Restricted person” means an individual restricted from possessing, purchasing, transferring, or owning a firearm as a result of a conviction, in accordance with Section 76-10-503.
(2) If, upon conviction or plea in a criminal proceeding, an individual becomes a restricted person, the court presiding over the criminal proceeding shall order the individual to:
(a) surrender each firearm that the individual owns or possesses within:
(i) ten days after the day on which:
(A) the court issues the order described in this subsection; or
(B) the restricted person is released from law enforcement custody, if the restricted person is held in law enforcement custody upon conviction or plea; or
(ii) a time period designated by the court that is less than the 10-day time period described in Subsection (2)(a)(i), if the court finds the 10-day time period is insufficient to reasonably ensure the safety of the public;
(b) transfer ownership or possession of each firearm the restricted person owns or possesses as provided in Subsection (3); and
(c) submit the documentation described in Subsection (6) to the court.
(3) In accordance with Subsection (2)(b), the restricted person shall:
(a) sell or transfer each firearm owned by the restricted person to one or more of the following:
(i) a licensed firearm dealer;
(ii) a law enforcement agency; or
(iii) an individual not cohabitating with the restricted person; and
(b) transfer each firearm not owned, but in the possession of the restricted person to one or more of the following:
(i) the owner of the firearm, if the owner of the firearm:
(A) does not cohabitate with the restricted person; or
(B) cohabitates with the restricted person and maintains the firearm at a secure location that is not known or accessible to the restricted person; or
(ii) a law enforcement agency.
(4) This section does not prevent a restricted person from receiving compensation in exchange for the lawful sale of a firearm owned by the restricted person, unless otherwise ordered by the court.
(5) Unless otherwise ordered by the court, a law enforcement agency that receives a firearm from a restricted person under this section may dispose of the firearms in any manner described in Section 24-3-103.5.
(6) No later than one business day after the day on which the restricted person completes surrender of each of the restricted person’s firearms, the restricted person shall file an affidavit signed by the restricted person stating that the restricted person:
(a) has relinquished ownership and possession of all firearms;
(b) acknowledges and understands that the restricted person’s ownership or possession of a firearm is a violation of federal and state law; and
(c) has fully complied with the court’s order described in Subsection (2).
(7) A restricted person’s failure to timely comply with an order described in Subsection
(2) may serve as probable cause to support prosecution under Section 76-10-503.
(8) If, upon becoming a restricted person, the restricted person represents to the court that the restricted person does not own or possess a firearm, the restricted person shall sign an affidavit in the presence of the court that states the restricted person:
(a) does not own or possess a firearm; and
(b) acknowledges and understands that the possession of a firearm is a violation of state and federal law.