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House approves changes to voluntary firearms safekeeping after adding expedited judicial review

February 16, 2023 | 2023 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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House approves changes to voluntary firearms safekeeping after adding expedited judicial review
SALT LAKE CITY — Representative Cutler and other backers secured passage on Feb. 16 of a substituted House Bill 199 that adjusts voluntary firearms safekeeping procedures for cases involving domestic violence.

Representative Cutler described the legislation as the result of collaboration among gun-rights groups, domestic-violence advocates, law enforcement, prosecutors and courts to protect vulnerable people while preserving constitutional rights. Representative Brooks, who moved the third substitute adopted on the floor, said the change closes a gap that occurs in the hours after a domestic-violence arrest by allowing a judicial review within a short period and, if the judge finds probable cause for a qualifying offense, suspending access to firearms for up to 30 days. “When someone gets arrested for domestic violence, that's usually when they're the hottest,” Brooks said in explaining the urgency for an expedited judicial step.

Supporters argued the substitute preserves due process by using judicial review while giving law enforcement a practical tool to prevent further harm. Representative Gwen, with law-enforcement experience, emphasized an education component and tighter procedures so that evidence-based protections are implemented without automatically returning firearms after immediate release.

The body adopted the substitute and later passed the third-substitute bill by a 64–5 margin; the bill will be transmitted to the Senate for further consideration.

What happens next: The substituted HB 199 is transmitted to the Senate where further consideration or amendments may occur.

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