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Committee advances HB86 to align Utah firearm restrictions with federal competency findings
Summary
The committee passed HB86, which would treat a court finding of incompetence to stand trial or a not-guilty-by-reason-of-insanity determination as a basis to restrict dangerous-weapon possession, aligning state practice with federal standards. Supporters cited public-safety benefits and consistent due process across felony and misdemeanor adjudications.
Representative Mouna presented House Bill 86, a public-safety bill that extends the state’s firearms‑possession restriction to anyone found incompetent to stand trial or not criminally responsible due to mental illness, whether the underlying charge is a felony or misdemeanor. The sponsor said the measure clarifies state law and creates a consistent standard with federal law so that competency findings — which use identical processes in district court — uniformly trigger the restricted-person status for weapon prohibitions.
Brett Robinson, chief policy advisor for the Salt Lake County district attorney, and Marlise Jones of the Victim Services Commission testified in support, citing public-safety concerns when individuals adjudicated incompetent retain access to firearms. The bill sets a legal pathway for restoration of rights when a court later finds the person competent or otherwise meets statutory standards to restore firearm rights.
The committee approved HB86 with a favorable recommendation (recorded vote 7–1).
