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Senate amends firearm safe-harbor law to clarify voluntary deposit and returns

Utah State Senate · March 5, 2021
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Summary

Lawmakers passed amendments clarifying who may deposit firearms with law enforcement and how returns are handled; senators questioned safeguards for false claims and effects on protective orders but the bill passed after sponsor assurances.

SALT LAKE CITY — The Utah Senate on March 5 approved House Bill 200, which clarifies provisions of the state's existing firearm safe-harbor law that lets a person voluntarily deposit firearms with law enforcement during a troubling life event.

Senator Anderegg, sponsor of the floor explanation, said the statute already exists but the amendment addresses confusing language and definitions (owner, cohabitant) and clarifies that an owner requesting return in person will get the firearm back from the agency. "This is just clarifying what the existing statute is," Anderegg said.

Senators queried hypotheticals: could a spouse turn in a firearm falsely to gain leverage during a divorce, and if law enforcement returns weapons, could the agency be liable if a later crime occurs? Sponsor and supporters said agencies are not liable for taking custody under the voluntary scheme and that the bill improves clarity without imposing new mandatory hold periods. Senator Owens and others asked whether return procedures could be abused; sponsor said the law is voluntary and that law enforcement supports it.

After extended floor discussion and a roll-call vote, HB 200 passed the Senate (24 yay, 5 nay). The bill will be returned to the House for the speaker's signature.