Firearm Retention Amendments

Removed language allowing plea in abeyance agreements to include conditions requiring defendants to forfeit firearms, unless the offense would make them a restricted person under state or federal law.

Added requirement that prosecutors must notify firearm custody agencies to return seized firearms to individuals who may lawfully possess them and are not charged with crimes making them restricted persons.

Added requirement that agencies returning firearms must confirm through the Bureau of Criminal Identification that the individual is eligible to lawfully possess firearms before returning them.

Modified procedures for handling firearms in airport secure areas to allow individuals to either surrender firearms temporarily or exit with them if they may lawfully possess them.

Made technical corrections to section numbering and formatting in the disposition of seized property provisions.

Prohibits courts from requiring defendants to forfeit their firearms as a condition of a plea in abeyance, unless the offense would make the defendant a restricted person under state law.

Requires law enforcement to return seized firearms to individuals who can legally possess them and are not charged with crimes that would make them restricted persons, rather than holding them indefinitely.

Adds requirements for airports to provide written instructions to individuals whose firearms are temporarily seized, including how, when, and where to retrieve them.

Establishes a 3-business-day timeline for law enforcement agencies to determine if a seized firearm owner can legally possess firearms and to make the weapon available for retrieval.

Updates cross-references to coordinate with related bills (HB 21 and HB 133) regarding dangerous weapons and criminal code recodification.

Removed language allowing plea deals to include conditions that require defendants to forfeit their firearms in certain circumstances.

Added requirement that firearms seized from individuals must be returned if the individual may lawfully possess the firearm and is not charged with a crime that would make them a restricted person.

Added procedures for law enforcement officers to confirm lawful possession status and return firearms within three business days when individuals are legally permitted to possess them.

Changed bill title and formatting from 'Amended Excerpts' to full bill text with proper legislative formatting and coordination clause references.

Reorganized the formatting and wording of requirements for plea agreements to improve clarity on what conditions must be included.

Added a new section clarifying that amendments to Section 77-11a-402 in this bill supersede amendments in other related bills if all three pass.

Adjusted line breaks and formatting in the requirements section to better align with standard legislative drafting conventions.

Added language to line 167-168 clarifying that plea agreements cannot result in the defendant becoming a restricted person under Section 76-10-503 or federal law.

Modified line 188-189a to clarify that plea eligibility applies when the charged crime would not make the individual a restricted person if convicted, and added reference to the prosecuting attorney's role.

Corrected line numbering and formatting in the House Committee Amendments section header and removed redundant date formatting.

Prevents courts from including firearm forfeiture as a condition of plea in abeyance agreements, except when the defendant is legally restricted from owning firearms.

Clarifies that seized firearms must be returned to individuals who may lawfully possess them and are not charged with crimes that would make them restricted persons.

Requires law enforcement to confirm through background checks that individuals are eligible to possess firearms before returning seized weapons.

Establishes a May 7, 2025 effective date for these changes.

Prohibits prosecutors from making firearm forfeiture a condition of plea agreements in certain cases

Requires law enforcement to return seized firearms to individuals who are legally allowed to possess them and are not charged with crimes that would make them restricted persons

Mandates background checks before returning seized firearms to confirm the owner is eligible to possess firearms

Adds coordination clause to align technical changes with other criminal code recodification and dangerous weapons bills

Updates formatting and cross-references in existing sections regarding airport firearm possession and seized property disposition