Monthly Archives: October 2019

What are the current firearm (gun) exemptions in bankruptcy for Utah (2019)?

Much, much better than they were.

Now, I can protect any three guns of any value.

Three .22s you use to take the scouts out shooting, 3 shotguns because you really like having a sore shoulder on weekends, or even 3 Barrett 50 caliber sniper rifles (even though I’d wonder what kind of varmits you were hunting with those!).

i met with a client today who had retained a different attorney for his Chapter 7 Bankruptcy. That attorney doesn’t handle many bankruptcies, and he told the client that he could protect one of each type of gun (shotgun, pistol, rifle). The client had 2 shotguns and a handgun, and the attorney directed him to sell off on of the shotguns or risk losing it. The attorney was wrong.

The law states “any three of the following….” “Any” is a pretty broad word.

Here is the actual statute:

78B-5-505.  Property exempt from execution.

except for curio or relic firearms, as defined in Section 76-10-501, any three of the following:
(A) one handgun and ammunition for the handgun not exceeding 1,000 rounds;
(B) one shotgun and ammunition for the shotgun not exceeding 1,000 rounds; and
(C) one shoulder arm and ammunition for the shoulder arm not exceeding 1,000 rounds;