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Committee advances bill to limit firearm forfeiture in plea-in-abeyance cases
Summary
The Senate Judiciary Committee voted 4–2 to favorably recommend House Bill 195, which would limit the forfeiture of firearms as a condition of plea‑in‑abeyance agreements unless a defendant becomes a restricted person.
The Senate Judiciary, Law Enforcement and Criminal Justice Standing Committee voted 4–2 to recommend first substitute House Bill 195 to the full Senate, advancing legislation that would narrow when a firearm may be taken from a defendant offered a plea in abeyance.
Representative Gregory McPherson, the bill sponsor, told the committee the proposal “essentially does the same thing with our, just statewide” that a prior measure accomplished for other settings: it would prevent automatic permanent forfeiture of a firearm as a condition of a plea in abeyance unless the person later becomes a restricted person under applicable law.
The measure drew mixed testimony at the committee hearing. Ryan Robinson, West Valley City prosecutor and representative of the Statewide Association of Prosecutors, said prosecutors are not uniformly opposed but asked for carve‑outs covering some domestic‑violence scenarios. Robinson described cases where “the kind of offense that turns into a … domestic violence brandishing charge” is a class A misdemeanor that currently may be addressed in plea bargaining and where prosecutors have used firearm forfeiture as a protective tool.
Marlise Jones, director of the Victim Services Commission, urged the committee to retain exceptions for particular domestic‑violence offenses. Jones said research indicates that returning a gun to a home after domestic violence “increases lethality by 500%” and recommended carving out statutes such as Utah Code 76‑5‑106 and 76‑5‑107 (threatening with a weapon; possession of a deadly weapon with criminal intent).
Clark Kaposhen of the Utah Shooting Sports Council and others argued the change restores due‑process protections when a defendant receives a plea in abeyance for a misdemeanor and should not automatically strip a constitutional right absent a conviction or other restriction.
Senator Baldry moved to give the bill a favorable recommendation. The committee recorded a roll‑call vote: the motion passed 4–2; Senators Escamilla and Pitcher registered the negative votes. The committee therefore will forward first substitute House Bill 195 to the Senate floor with a favorable recommendation.
What happens next: the bill moves to the Senate floor for further consideration and potential amendment.
Votes at this committee: First substitute HB 195 — favorable recommendation; committee vote 4–2 (Escamilla, Pitcher — no).
