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34
53-5a-502
63G-2-302
63I-1-253
0
Firearm Safe Harbor Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Chris H. Wilson
House Sponsor: Steve Eliason
LONG TITLE
General Description:
This bill concerns the safe harbor storage of a firearm.
Highlighted Provisions:
This bill:
requires a law enforcement agency to collect and report anonymous, aggregate data
regarding the use of the firearm safe harbor program to the State Commission on
Criminal and Juvenile Justice (commission);
requires the commission to receive, compile, and provide aggregate data received from
law enforcement agencies to the Law Enforcement and Criminal Justice Interim
Committee;
provides that a record created by a law enforcement agency under the firearm safe harbor
program is a private record until the law enforcement agency disposes of the record;
provides a sunset date for the collection and reporting of firearm safe harbor aggregate
data; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5a-502
, as renumbered and amended by Laws of Utah 2025, Chapter 208
63G-2-302
, as last amended by Laws of Utah 2025, Chapter 172
63I-1-253
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-5a-502
is amended to read:
5. Firearms Safe Harbor
53-5a-502
. Voluntary commitment of a firearm by cohabitant -- Law
enforcement to hold firearm.
(1)
(a)
A cohabitant or owner cohabitant may voluntarily commit a firearm to a law
enforcement agency or request that a law enforcement officer receive a firearm for
safekeeping if the owner cohabitant or cohabitant believes that the owner cohabitant
or another cohabitant with access to the firearm is an immediate threat to:
(i)
a cohabitant;
(ii)
the owner cohabitant; or
(iii)
another individual.
(b)
Except as provided in Subsection
(2)
, if the owner of a firearm requests return of the
firearm in person at the law enforcement agency's office, the law enforcement agency:
(i)
may not hold the firearm under this section; and
(ii)
shall return the firearm to the owner.
(2)
A law enforcement agency may not return a firearm to an owner under Subsection
(1)(b)
if the owner of the firearm:
(a)
is a restricted person under Section
76-11-302
or
76-11-303
; or
(b)
(i)
has been arrested and booked into a county jail on a class A misdemeanor or
felony domestic violence offense;
(ii)
has had a court:
(A)
review the probable cause statement detailing the incident leading to the
owner's arrest; and
(B)
determine that probable cause existed for the arrest; and
(iii)
is subject to a jail release agreement or a jail release court order arising out of the
domestic violence offense.
(3)
Unless a firearm is an illegal firearm subject to Section
53-5a-503
, a law enforcement
agency that receives a firearm in accordance with this chapter shall:
(a)
record:
(i)
the owner cohabitant's name, address, and phone number;
(ii)
the firearm serial number and the make and model of each firearm committed; and
(iii)
the date that the firearm was voluntarily committed;
(b)
require the cohabitant to sign a document attesting that the cohabitant resides in the
home;
(c)
hold the firearm in safe custody:
(i)
for 60 days after the day on which the firearm is voluntarily committed; or
(ii)
(A)
for an owner described in Subsection
(2)(b)
, during the time the jail release
agreement or jail release court order is in effect; and
(B)
for 60 days after the day on which the jail release agreement or jail release
court order expires; and
(d)
upon proof of identification, return the firearm to:
(i)
(A)
the owner cohabitant after the expiration of the 60-day period; or
(B)
if the owner cohabitant requests return of the firearm before the expiration of
the 60-day period, at the time of the request; or
(ii)
an owner other than the owner cohabitant in accordance with Section
53-5a-503
.
(4)
The law enforcement agency shall hold the firearm for an additional 60 days:
(a)
if the initial 60-day period expires; and
(b)
the cohabitant or owner cohabitant requests that the law enforcement agency hold the
firearm for an additional 60 days.
(5)
A law enforcement agency may not request or require that the owner cohabitant provide
the name or other information of the cohabitant who poses an immediate threat or any
other cohabitant.
(6)
(a)
Notwithstanding an ordinance or policy to the contrary adopted in accordance
with Section
63G-2-701
, but subject to Subsection
(7)
, a law enforcement agency
shall destroy a record created under Subsection
(3)
, Subsection
53-5a-503(3)(b)(iii)
,
or any other record created in the application of this chapter immediately, if
practicable, but no later than five days after immediately upon the:
(a)
(i)
return of a firearm in accordance with Subsection
(3)(d)
; or
(b)
(ii)
disposal of the firearm in accordance with Section
53-5a-503
.
(b)
A record described in Subsection
(6)(a)
is a private record under Section
63G-2-302
until the record is destroyed in accordance with Subsection
(6)(a)
.
(7)
(a)
Beginning on July 1, 2026, a law enforcement agency shall, in an anonymized and
aggregate manner, collect and annually, on or before July 1 of 2027 and 2028, report
to the State Commission on Criminal and Juvenile Justice:
(i)
the total number of requests for firearm safekeeping received by the law
enforcement agency under this section during the previous 12-month period;
(ii)
the total number of firearms received under Subsection
(7)(a)(i)
during the
previous 12-month period; and
(iii)
the number of firearms received under Subsection
(7)(a)(ii)
that:
(A)
were returned under Subsection
(6)(a)(i)
during the previous 12-month period;
(B)
were disposed of under Subsection
(6)(a)(ii)
during the previous 12-month
period; and
(C)
remain in possession of the law enforcement agency under this section at the
end of the previous 12-month period.
(b)
The State Commission on Criminal and Juvenile Justice shall:
(i)
compile the data submitted under Subsection
(7)(a)
; and
(ii)
annually on or before October 1 of 2027 and 2028, submit a report containing the
data described in Subsection
(7)(b)(i)
to the Law Enforcement and Criminal
Justice Interim Committee.
(7)
(8)
Unless otherwise provided, the provisions of
Title 77, Chapter 11d, Lost or Mislaid
Property
, do not apply to a firearm received by a law enforcement agency in accordance
with this part.
(8)
(9)
A law enforcement agency shall adopt a policy for the safekeeping of a firearm
held in accordance with this part.
(9)
(10)
The department shall:
(a)
create a pamphlet to be distributed by a law enforcement officer under Section
77-36-2.1
that includes information about a cohabitant's or owner cohabitant's ability
to have the owner cohabitant's firearm committed to a law enforcement agency for
safekeeping in accordance with this section;
(b)
survey all law enforcement agencies in the state and publish a publicly searchable
registry that will allow the public to see whether each law enforcement agency is or is
not available to receive a voluntarily committed firearm in accordance with this
section;
and
(c)
subject to available funding, create and implement a marketing plan to educate law
enforcement agencies and the public regarding the options available under this
chapter
.
; and
(d)
notify all law enforcement agencies in the state regarding the aggregate data
collection requirement under Subsection
(7)
.
Section 2. Section
63G-2-302
is amended to read:
63G-2-302
. Private records.
(1)
The following records are private:
(a)
records concerning an individual's eligibility for unemployment insurance benefits,
social services, welfare benefits, or the determination of benefit levels;
(b)
records containing data on individuals describing medical history, diagnosis,
condition, treatment, evaluation, or similar medical data;
(c)
records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d)
records received by or generated by or for:
(i)
the Independent Legislative Ethics Commission, except for:
(A)
the commission's summary data report that is required under legislative rule;
and
(B)
any other document that is classified as public under legislative rule; or
(ii)
a Senate or House Ethics Committee in relation to the review of ethics
complaints, unless the record is classified as public under legislative rule;
(e)
records received by, or generated by or for, the Independent Executive Branch Ethics
Commission, except as otherwise expressly provided in Title 63A, Chapter 14,
Review of Executive Branch Ethics Complaints;
(f)
records received or generated for a Senate confirmation committee concerning
character, professional competence, or physical or mental health of an individual:
(i)
if, prior to the meeting, the chair of the committee determines release of the
records:
(A)
reasonably could be expected to interfere with the investigation undertaken by
the committee; or
(B)
would create a danger of depriving a person of a right to a fair proceeding or
impartial hearing; and
(ii)
after the meeting, if the meeting was closed to the public;
(g)
employment records concerning a current or former employee of, or applicant for
employment with, a governmental entity that would disclose that individual's home
address, home telephone number, social security number, insurance coverage, marital
status, or payroll deductions;
(h)
records or parts of records under Section
63G-2-303
that a current or former
employee identifies as private according to the requirements of that section;
(i)
that part of a record indicating a person's social security number or federal employer
identification number if provided under Section
31A-23a-104
,
31A-25-202
,
31A-26-202
,
58-1-301
,
58-55-302
,
61-1-4
, or
61-2f-203
;
(j)
that part of a voter registration record identifying a voter's:
(i)
driver license or identification card number;
(ii)
social security number, or last four digits of the social security number;
(iii)
email address;
(iv)
date of birth; or
(v)
phone number;
(k)
a voter registration record that is classified as a private record by the lieutenant
governor or a county clerk under Subsection
20A-2-101.1(5)(a)
,
20A-2-104(4)(h
), or
20A-2-204(4)(b
);
(l)
a voter registration record that is withheld under Subsection
20A-2-104(7)
;
(m)
a withholding request form described in Subsections
20A-2-104(7)
and
(8)
and any
verification submitted in support of the form;
(n)
a record or information regarding whether a voter returned a ballot with postage
attached;
(o)
a record that:
(i)
contains information about an individual;
(ii)
is voluntarily provided by the individual; and
(iii)
goes into an electronic database that:
(A)
is designated by and administered under the authority of the Chief Information
Officer; and
(B)
acts as a repository of information about the individual that can be
electronically retrieved and used to facilitate the individual's online interaction
with a state agency;
(p)
information provided to the Commissioner of Insurance under:
(i)
Subsection
31A-23a-115(3)(a)
;
(ii)
Subsection
31A-23a-302(4)
; or
(iii)
Subsection
31A-26-210(4)
;
(q)
information obtained through a criminal background check under Title 11, Chapter 40,
Criminal Background Checks by Political Subdivisions Operating Water Systems;
(r)
information provided by an offender that is:
(i)
required by the registration requirements of Title 53, Chapter 29, Sex, Kidnap, and
Child Abuse Offender Registry; and
(ii)
not required to be made available to the public under Subsection
53-29-404(3)(a)
;
(s)
a statement and any supporting documentation filed with the attorney general in
accordance with Section
34-45-107
, if the federal law or action supporting the filing
involves homeland security;
(t)
electronic toll collection customer account information received or collected under
Section
72-6-118
and customer information described in Section
17B-2a-815
received or collected by a public transit district, including contact and payment
information and customer travel data;
(u)
an email address provided by a military or overseas voter under Section
20A-16-501
;
(v)
a completed military-overseas ballot that is electronically transmitted under Title
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(w)
records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section
63A-15-201
, except for:
(i)
the commission's summary data report that is required in Section
63A-15-202
; and
(ii)
any other document that is classified as public in accordance with Title 63A,
Chapter 15, Political Subdivisions Ethics Review Commission;
(x)
a record described in Section
53G-9-604
that verifies that a parent was notified of an
incident or threat;
(y)
a criminal background check or credit history report conducted in accordance with
Section
63A-3-201
;
(z)
a record described in Subsection
53-5a-104(7)
;
(aa)
on a record maintained by a county for the purpose of administering property taxes,
an individual's:
(i)
email address;
(ii)
phone number; or
(iii)
personal financial information related to a person's payment method;
(bb)
a record submitted by a taxpayer to establish the taxpayer's eligibility for an
exemption, deferral, abatement, or relief under:
(i)
Title 59, Chapter 2, Part 11, Exemptions; or
(ii)
Title 59, Chapter 2a, Tax Relief Through Property Tax;
(cc)
a record provided by the State Tax Commission in response to a request under
Subsection
59-1-403(4)(y)(iii)
;
(dd)
a record of the Child Welfare Legislative Oversight Panel regarding an individual
child welfare case, as described in Subsection
36-33-103(3)
;
(ee)
a record relating to drug or alcohol testing of a state employee under Section
63A-17-1004
;
(ff)
a record relating to a request by a state elected official or state employee who has
been threatened to the Division of Technology Services to remove personal
identifying information from the open web under Section
63A-16-109
;
(gg)
a record including confidential information as that term is defined in Section
67-27-106
;
and
(hh)
a record or notice received or generated under Title 53, Chapter 30, Security
Improvements Act, relating to:
(i)
an application for certification described in Section
53-30-201
; or
(ii)
a security improvement, including a building permit application or building
permit for a security improvement described in Section
53-30-301
.
; and
(ii)
a record created or maintained under Subsection
53-5a-502(6)
concerning a firearm
retained by a law enforcement agency under Title 53, Chapter 5a, Part 5, Firearms
Safe Harbor.
(2)
The following records are private if properly classified by a governmental entity:
(a)
records concerning a current or former employee of, or applicant for employment
with a governmental entity, including performance evaluations and personal status
information such as race, religion, or disabilities, but not including records that are
public under Subsection
63G-2-301(2)(b)
or
63G-2-301(3)(o
) or private under
Subsection
(1)(b)
;
(b)
records describing an individual's finances, except that the following are public:
(i)
records described in Subsection
63G-2-301(2)
;
(ii)
information provided to the governmental entity for the purpose of complying
with a financial assurance requirement; or
(iii)
records that must be disclosed in accordance with another statute;
(c)
records of independent state agencies if the disclosure of those records would
conflict with the fiduciary obligations of the agency;
(d)
other records containing data on individuals the disclosure of which constitutes a
clearly unwarranted invasion of personal privacy;
(e)
records provided by the United States or by a government entity outside the state that
are given with the requirement that the records be managed as private records, if the
providing entity states in writing that the record would not be subject to public
disclosure if retained by it;
(f)
any portion of a record in the custody of the Division of Aging and Adult Services,
created in Section
26B-6-102
, that may disclose, or lead to the discovery of, the
identity of a person who made a report of alleged abuse, neglect, or exploitation of a
vulnerable adult; and
(g)
audio and video recordings created by a body-worn camera, as defined in Section
77-7a-103
, that record sound or images inside a home or residence except for
recordings that:
(i)
depict the commission of an alleged crime;
(ii)
record any encounter between a law enforcement officer and a person that results
in death or bodily injury, or includes an instance when an officer fires a weapon;
(iii)
record any encounter that is the subject of a complaint or a legal proceeding
against a law enforcement officer or law enforcement agency;
(iv)
contain an officer-involved critical incident as defined in Subsection
76-2-408(1)(f)
; or
(v)
have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording.
(3)
(a)
As used in this Subsection
(3)
, "medical records" means medical reports, records,
statements, history, diagnosis, condition, treatment, and evaluation.
(b)
Medical records in the possession of the University of Utah Hospital, its clinics,
doctors, or affiliated entities are not private records or controlled records under
Section
63G-2-304
when the records are sought:
(i)
in connection with any legal or administrative proceeding in which the patient's
physical, mental, or emotional condition is an element of any claim or defense; or
(ii)
after a patient's death, in any legal or administrative proceeding in which any
party relies upon the condition as an element of the claim or defense.
(c)
Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the
medical records were in the possession of a nongovernmental medical care provider.
Section 3. Section
63I-1-253
is amended to read:
63I-1-253
. Repeal dates: Titles 53 through 53G.
(1)
Section
53-1-122
, Road Rage Awareness and Prevention Restricted Account, is
repealed July 1, 2028.
(2)
Section
53-2a-105
, Emergency Management Administration Council created --
Function -- Composition -- Expenses, is repealed July 1, 2029.
(3)
Section
53-2a-1103
, Search and Rescue Advisory Board -- Members -- Compensation,
is repealed July 1, 2030.
(4)
Section
53-2a-1104
, General duties of the Search and Rescue Advisory Board, is
repealed July 1, 2027.
(5)
Title 53, Chapter 2a, Part 15, Grid Resilience Committee
, is repealed July 1, 2027.
(6)
Section
53-2d-104
, State Emergency Medical Services Committee -- Membership --
Expenses, is repealed July 1, 2029.
(7)
Section
53-2d-503
, Establishment of maximum rates, is repealed July 1, 2027.
(8)
Subsections
53-5a-502(7)
and
(10)(d)
, regarding collection of law enforcement firearm
safe harbor data, are repealed July 1, 2029.
(8)
(9)
Section
53-5a-302
, Concealed Firearm Review Board -- Membership --
Compensation -- Terms -- Duties, is repealed July 1, 2029.
(9)
(10)
Section
53-11-104
, Board, is repealed July 1, 2029.
(10)
(11)
Title
53, Chapter 31
, Department Interaction With Local Law Enforcement, is
repealed July 1, 2027.
(11)
(12)
Subsection
53C-3-203
(4)(b)(vii)
, regarding the distribution of money from the
Land Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(12)
(13)
Subsection
53E-1-201
(1)(q)
, regarding the Higher Education and Corrections
Council, is repealed July 1, 2027.
(13)
(14)
Subsection
53E-2-304
(6)
, regarding foreclosing a private right of action or
waiver of governmental immunity, is repealed July 1, 2027.
(14)
(15)
Subsection
53E-3-503
(5)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(15)
(16)
Subsection
53E-3-503
(6)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(16)
(17)
Subsection
53E-4-202
(8)(b)
, regarding a standards review committee, is repealed
January 1, 2028.
(17)
(18)
Section
53E-4-203
, Standards review committee, is repealed January 1, 2028.
(18)
(19)
Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission
,
is repealed July 1, 2033.
(19)
(20)
Subsection
53E-7-207
(7)
, regarding a private right of action or waiver of
governmental immunity, is repealed July 1, 2027.
(20)
(21)
Section
53F-5-215
, Elementary teacher preparation assessment grant, is repealed
July 1, 2028.
(21)
(22)
Section
53F-5-219
, Local Innovations Civics Education Pilot Program, is
repealed July 1, 2026.
(22)
(23)
Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel
, is repealed July
1, 2027.
(23)
(24)
Subsection
53G-4-608
(2)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(24)
(25)
Subsection
53G-4-608
(4)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(25)
(26)
Section
53G-9-212
, Drinking water quality in schools, is repealed July 1, 2027.
(26)
(27)
Subsection
53G-9-703(4)
, regarding the parental video presentation concerning
student use of technology, is repealed January 1, 2030.
(27)
(28)
Subsection
53H-1-402(1)(j)
, regarding the Higher Education and Corrections
Council, is repealed July 1, 2027.
(28)
(29)
Section
53H-1-604
, Higher Education and Corrections Council, is repealed July
1, 2027.
(29)
(30)
Subsection
53H-4-210(3)
, regarding the creation of the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(30)
(31)
Subsection
53H-4-210(4)
, regarding the appointment of the members of the
SafeUT and School Safety Commission, is repealed January 1, 2030.
(31)
(32)
Subsection
53H-4-210(5)
, regarding the attorney general designating the chair of
the SafeUT and School Safety Commission, is repealed January 1, 2030.
(32)
(33)
Subsection
53H-4-210(6)
, regarding the quorum requirements of the SafeUT and
School Safety Commission, is repealed January 1, 2030.
(33)
(34)
Subsection
53H-4-210(7)
, regarding a formal action of the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(34)
(35)
Subsection
53H-4-210(8)
, regarding compensation for members of the SafeUT
and School Safety Commission, is repealed January 1, 2030.
(35)
(36)
Subsection
53H-4-210(9)
, regarding the support staff for the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(36)
(37)
Section
53H-4-306.1
, Definitions -- Electrification of Transportation
Infrastructure Research Center, is repealed July 1, 2028.
(37)
(38)
Section
53H-4-306.2
, Electrification of Transportation Infrastructure Research
Center -- Designation -- Duties, is repealed July 1, 2028.
(38)
(39)
Section
53H-4-306.3
, Electrification of Transportation Infrastructure Research
Center -- Steering committee, is repealed July 1, 2028.
(39)
(40)
Section
53H-4-306.4
, Electrification of Transportation Infrastructure Research
Center -- Industry advisory board, is repealed July 1, 2028.
(40)
(41)
Section
53H-4-306.5
, Electrification of Transportation Infrastructure Research
Center -- Duties of the project director, is repealed July 1, 2028.
(41)
(42)
Section
53H-4-306.6
, Electrification of Transportation Infrastructure Research
Center -- Project development and strategic objectives -- Reporting requirements, is
repealed July 1, 2028.
(42)
(43)
Section
53H-4-307.1
, Center for Civic Excellence, is repealed July 1, 2030.
(43)
(44)
Section
53H-4-307.2
, Center for Civic Excellence -- Duties -- Authority, is
repealed July 1, 2030.
(44)
(45)
Section
53H-4-307.3
, Center for Civic Excellence -- Leadership, is repealed July
1, 2030.
(45)
(46)
Section
53H-4-307.4
, Center for Civic Excellence -- Faculty, is repealed July 1,
2030.
(46)
(47)
Section
53H-4-307.5
, Center for Civic Excellence -- Curriculum, is repealed July
1, 2030.
(47)
(48)
Section
53H-4-307.6
, Center for Civic Excellence -- Oversight -- Reporting, is
repealed July 1, 2030.
(48)
(49)
Section
53H-4-313
, Food Security Council, is repealed July 1, 2027.
(49)
(50)
Section
53H-8-305
, Five-year performance goals, is repealed July 1, 2027.
(50)
(51)
Title
53H, Chapter 10, Part 4
, Education Savings Incentive Program, is repealed
July 1, 2028.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-25-26 3:45 PM