Legal Information: Utah

State Gun Laws

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November 15, 2016

If the abuser's gun is taken away, what will happen to it?

If the abuser uses a gun to violate your protective order or threatens you with a gun or assaults you in any way with a gun and you call the police, the officers who come to the scene may take the gun as evidence and store it in the evidence room at the local law enforcement agency.

If you receive a protective order against the abuser and the order states clearly that the abuser cannot have a gun, you can ask the police in your county to take the gun away from the abuser and store it while your protective order is in effect.  This will NOT be done automatically, and some sheriff departments in Utah have told us that they are not responsible for storing guns, so you may not receive a positive response from the sheriff department if you ask them to confiscate the abuser's gun.  Because federal and state law do not completely agree in regards to gun laws, it can be difficult to have the law enforced.

Just because your protective order says that the abuser cannot have a gun, do not assume that the abuser's gun will be taken away or that s/he will not be able to get a gun.  It is important to keep this in mind when safety planning.