(1) As used in this section:
- (a) "Antique firearm" means the same as that term is defined in Section 76-11-101.
- (b) "Department" means the Department of Criminal Justice created in Section 75E-2-102.
- (c) "Firearm" means the same as that term is defined in Section 76-11-101.
(d)
(i) "Untraceable firearm" means a firearm:
- (A) that was manufactured, assembled, or otherwise created in a manner such that a serial number or other legally required identifying number or marking is not affixed to the firearm;
- (B) that is made of plastic, fiberglass, or another material that would not be detectable by a detection device commonly used at an airport or other public building for security screening; or
- (C) on which the identifying serial number or other legally required identifying number or marking has been removed or altered such that the firearm's provenance cannot be traced.
- (ii) "Untraceable firearm" does not include an antique firearm.
(2)
(a) Beginning on July 1, 2027, a law enforcement agency shall collect and annually, on or before April 30, report to the department the following data for the previous calendar year:
- (i) the number of criminal offenses reported to, or investigated by, the law enforcement agency in which the law enforcement agency determined that a lost, stolen, or untraceable firearm was used in the commission of the criminal offense, categorized by the type of offense; and
(ii) the number of firearms, separated by each category described in Subsections (2)(a)(ii)(A) through (E), in the custody of the law enforcement agency that were:
- (A) returned to the property owner;
- (B) destroyed;
- (C) retained in evidence or other storage;
- (D) transferred to another governmental entity; or
- (E) submitted to a non-governmental entity for sale or disposal under Section 77-11a-403.
- (b) A law enforcement agency shall compile the data described in Subsection (2)(a) for each calendar year in the standardized format developed by the department under Subsection (3).
- (c) The reporting requirements under Subsection (2)(a)(i) do not apply to a criminal offense or investigation for an offense under Title 23A, Wildlife Resources Act, that involves a firearm.
(3) The department shall:
- (a) develop a standardized format for reporting the data described in Subsection (2);
- (b) compile the data submitted under Subsection (2); and
- (c) annually on or before August 1, publish a report of the data described in Subsection (2) on the department's website.
(4) This section does not apply to:
- (a) the Department of Corrections; or
- (b) a law enforcement agency created under Section 41-3-104.
Amended by Chapter 291, 2026 General Session