§ 53-5a-203 — Prohibition on enforcement.

Utah § 53-5a-203

• Jurisdiction: Utah
• Title 53: Public Safety Code
• Ch. 53-5a: Firearm Laws
• Part 53-5a-2: Federal Firearm Enforcement Limitation Act

Text

(1) A law enforcement officer, state employee, or employee of a political subdivision is prohibited from implementing, enforcing, assisting, or cooperating in the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.
(2) An employee of the state or a political subdivision may not expend public funds or allocate public resources for the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.
(3) Notwithstanding Subsection (1) or (2), this section does not prohibit or otherwise limit a law enforcement officer, state employee, or employee of a political subdivision from:

(3)(a) cooperating, communicating, or collaborating with a federal agency if the primary purpose of the cooperation is not the investigation or enforcement of a federal regulation on firearms, ammunition, or firearm accessories;
(3)(b) serving on or participating in:
(3)(b)(i) a federal law enforcement task force or program if:

(3)(b)(i)(A) investigation and prosecution of state or federal firearms regulations are part of the duties of the task force or program; or
(3)(b)(i)(B) the law enforcement officer, state employee, or employee of the political subdivision is compensated by federal funds; or
(3)(b)(ii) a state law enforcement task force or program that:

(3)(b)(ii)(A) receives federal funding; or
(3)(b)(ii)(B) has participation from federal law enforcement officials; or
(3)(c) referring an investigation to a federal law enforcement agency if the law enforcement officer, state employee, or political subdivision employee reasonably believes that a federal law regarding firearms, ammunition, or firearm accessories has been violated.
(4) This section does not apply to:

(4)(a) a law enforcement officer or state employee employed by or assisting:
(4)(a)(i) the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201;
(4)(a)(ii) the Peace Officer Standards and Training Division created in Section 53-6-103; or
(4)(a)(iii) the Utah National Guard or the Utah State Defense Force created in Title 39A, National Guard and Militia Act; or
(4)(b) an individual who:
(4)(b)(i) is appointed as a Special Assistant U.S. Attorney under 18 U.S.C. Sec. 925D; or
(4)(b)(ii) is assisting another individual that is appointed as a Special Assistant U.S. Attorney under 18 U.S.C. Sec. 925D.

Legislative History

Enacted by Chapter 395, 2023 General Session