Effective 5/5/2021
76-10-503.1. Firearm restriction notification requirement.
76-10-503.1. Firearm restriction notification requirement.
- (1) As used in this section:
- (a) “Restricted person” means an individual who is restricted from possessing, purchasing, transferring, or owning a firearm under Section 76-10-503.
- (b) “Possess” or “possession” means actual physical possession, actual or purported ownership, or exercising control of an item.
- (2) A defendant intending to plead guilty or no contest to a criminal charge that will, upon conviction, cause the defendant to become a restricted person shall, before entering a plea before a court, sign an acknowledgment that states:
- (a) the defendant’s attorney or the prosecuting attorney has informed the defendant:
- (i) that conviction of the charge will classify the defendant as a restricted person;
- (ii) that a restricted person may not possess a firearm; and
- (iii) of the criminal penalties associated with possession of a firearm by a restricted person of the same category the defendant will become upon entering a plea for the criminal charge; and
- (b) the defendant acknowledges and understands that, by pleading guilty or no contest to the criminal charge, the defendant:
- (i) will be a restricted person;
- (ii) upon conviction, shall forfeit possession of each firearm currently possessed by the defendant; and
- (iii) will be in violation of federal and state law if the defendant possesses a firearm.
- (a) the defendant’s attorney or the prosecuting attorney has informed the defendant:
- (3) The prosecuting attorney or the defendant’s attorney shall provide the acknowledgment described in Subsection (2) to the court before the defendant’s entry of a plea, if the defendant pleads guilty or no contest.
- (4) A defendant who is convicted by trial of a criminal charge resulting in the defendant becoming a restricted person shall, at the time of sentencing:
- (a) be verbally informed by the court, prosecuting attorney, or defendant’s attorney:
- (i) that the defendant is a restricted person;
- (ii) that, as a restricted person, the defendant may not possess a firearm; and
- (iii) of the criminal penalties associated with possession of a firearm by a restricted person of the defendant’s category; and
- (b) sign an acknowledgment in the presence of the court attesting that the defendant acknowledges and understands that the defendant:
- (i) is a restricted person;
- (ii) shall forfeit possession of each firearm; and
- (iii) will be in violation of federal and state law if the defendant possesses a firearm.
- (a) be verbally informed by the court, prosecuting attorney, or defendant’s attorney:
- (5) The prosecuting attorney and the defendant’s attorney shall inform the court at the preliminary hearing if a charge filed against the defendant would qualify the defendant as a restricted person if the defendant is convicted of the charge.
- (6) The failure to inform or obtain a signed acknowledgment from the defendant may not render the plea invalid, form the basis for withdrawal of the plea, or create a basis to challenge a conviction or sentence.
Enacted by Chapter 107, 2021 General Session