1. (1) If a law enforcement agency receives a firearm in accordance with Section 53-5c-201, and the firearm is an illegal firearm, the law enforcement agency shall:

   1. (a) notify the owner cohabitant attempting to voluntarily commit the firearm that the firearm is an illegal firearm; and
   2. (b) confiscate the firearm and dispose of the firearm in accordance with Section 77-11a-403.

2. (2)

   1. (a) If a law enforcement agency cannot, after a reasonable attempt, locate an owner cohabitant to return a firearm in accordance with Section 53-5a-502, the law enforcement agency shall dispose of the firearm in accordance with Section 77-11a-403.
   2. (b) A law enforcement agency may not dispose of a firearm under Subsection (2)(a) before one year after the day on which the cohabitant initially voluntarily committed the firearm in accordance with Section 53-5a-502.

3. (3)

   1. (a) If an individual other than an owner cohabitant claims ownership of the firearm, the individual may:

      1. (i) request that the law enforcement agency return the firearm in accordance with Subsection (3)(b); or
      2. (ii) petition the court for the firearm's return in accordance with Subsection (3)(c).

   2. (b) Except as provided in Section 53-5a-502, the law enforcement agency shall return a firearm to an individual other than an owner cohabitant who claims ownership of the firearm if:

      1. (i) the 60-day period described in Section 53-5a-502 has expired;
      2. (ii) the individual provides identification; and
      3. (iii) the individual signs a document attesting that the individual has an ownership interest in the firearm.

   3. (c) After sufficient notice is given to the prosecutor, the court may order that the firearm be:

      1. (i) returned to the rightful owner as determined by the court; or
      2. (ii) disposed of in accordance with Section 77-11a-403.
   4. (d) A law enforcement agency shall return a firearm ordered returned to the rightful owner as expeditiously as possible after a court determination.

Renumbered and Amended by Chapter 208, 2025 General Session