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REFERENCE TITLE: firearms; mandatory destruction; criminal offenses |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1231 |
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Introduced by Senator Fernandez
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AN ACT
amending section 13-3105, Arizona Revised Statutes; relating to weapons and explosives.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3105, Arizona Revised Statutes, is amended to read:
13-3105. Forfeiture of weapons and explosives; mandatory destruction; optional sale
A. Except as provided in subsection D of this section, on the conviction of any person for a violation of any felony in this state in which a deadly weapon, dangerous instrument or explosive was used, displayed or unlawfully possessed by the person, the court shall order the article forfeited and sold within one year after its forfeiture to any business that is authorized to receive and dispose of the article under federal and state law and that shall sell the article to the public according to federal and state law, unless the article is otherwise prohibited from being sold under federal and state law, in which case it shall be destroyed or otherwise properly disposed.
B. Except as provided in subsection D of this section, on the conviction of any person for a violation of section 13-2904, subsection A, paragraph 6 or section 13-3102, subsection A, paragraph 1 or 8, the court may order the forfeiture of the deadly weapon or dangerous instrument involved in the offense.
C. Except as provided in subsection D of this section, if at any time the court finds pursuant to rule 11 of the Arizona rules of criminal procedure that a person who is charged with a violation of this title is incompetent, the court shall order that any deadly weapon, dangerous instrument or explosive used, displayed or unlawfully possessed by the person during the commission of the alleged offense be forfeited and sold within one year after its forfeiture to any business that is authorized to receive and dispose of the article under federal and state law and that shall sell the article to the public according to federal and state law, unless the article is otherwise prohibited from being sold under federal and state law, in which case it shall be destroyed or otherwise properly disposed.
D. Notwithstanding any other law, on the conviction of a person for an offense in which a firearm was used, the court shall order the firearm to be forfeited to the city, town or county in which the offense was committed, and the city, town or county shall destroy the firearm unless the victim or, if the victim is deceased, the victim's family chooses to allow the firearm to be sold pursuant to this section.