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Utah requires a law enforcement officer who responds to an allegation of domestic violence to confiscate the weapon or weapons involved in an incident of domestic violence.1 See the Utah Domestic Violence & Firearms section for further information.

Utah does not have any other laws mandating the surrender or removal of firearms from persons who have become ineligible to possess them.

 In 2012, Utah created an affirmative defense to the charge of transfer of a firearm by a prohibited person that the person transferred the firearm within 10 days of becoming a prohibited person.2

Utah does allow cohabitants3 of a gun owner (“owner cohabitant”) to voluntarily relinquish the owner cohabitant’s firearms to law enforcement if the cohabitant believes that the owner cohabitant or another cohabitant with access to the firearm is an immediate threat to himself or herself or others.4

Law enforcement may hold the firearm for up to 60 days but must return the firearm to the owner cohabitant if he or she requests it prior to the expiration of the 60 day period.5 Law enforcement may not return a firearm to an owner if the owner of the firearm:

  • is a prohibited person under state law (referred to as a “restricted person”); or
  • has been arrested and booked into a county jail on a class A misdemeanor or felony domestic violence offense; or
  • has had a court review the probable cause statement detailing the incident leading to the owner’s arrest; and determine that probable cause existed for the arrest; and is subject to a jail release agreement or a jail release court order arising out of the domestic violence offense.6


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  1. Utah Code Ann. § 77-36-2.1(1)(b).[]
  2. Utah Code Ann. § 76-10-503(7).[]
  3. Cohabitants are defined as individuals 18 years of age or older residing in the home who is living as if a spouse of the owner cohabitant; is related by blood or marriage to the owner cohabitant; has one or more children in common with the owner cohabitant; or has an interest in the safety and wellbeing of the owner cohabitant. Utah Code Ann. § 53-5c-102(2).[]
  4. Utah Code Ann. § 53-5c-201(2).[]
  5. Utah Code Ann. § 53-5c-201(3).[]
  6. Utah Code Ann. § 53-5c-201(2).[]