PREFILED DEC 29 2025
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REFERENCE TITLE: firearms; mandatory destruction; homicides |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1079 |
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Introduced by Senator Kavanagh
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AN ACT
amending sections 12-945 and 13-3105, Arizona Revised Statutes; relating to firearms.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-945, Arizona Revised Statutes, is amended to read:
12-945. Sale of property
A. If after thirty days' notice has been given the owner or person entitled to the property has not taken it away, the property may be sold. The proceeds shall be paid to the general fund of the jurisdiction from which the unclaimed property was received.
B. Notwithstanding subsection A of this section, if the property is a firearm, the agency shall sell the firearm to any business that is authorized to receive and dispose of the firearm under federal and state law and that shall sell the firearm to the public according to federal and state law, unless the firearm was used in a homicide or is otherwise prohibited from being sold under federal and state law. A firearm that was used in a homicide shall be destroyed. A law enforcement agency may trade a firearm that it has retained to a federal firearms licensed business for ammunition, weapons, equipment or other materials to be exclusively used for law enforcement purposes.
Sec. 2. Section 13-3105, Arizona Revised Statutes, is amended to read:
13-3105. Forfeiture of weapons and explosives
A. Except as provided in subsection B 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. Notwithstanding any other law, On the conviction of any person for a homicide in which a firearm was used, the court shall order the firearm forfeited and destroyed or otherwise properly disposed of according to federal and state law. The firearm shall be disposed of only after the conclusion of the person's direct appeal and first postconviction relief proceeding, after the time for initiating a direct appeal or first postconviction relief proceeding has expired or with the agreement of the prosecuting attorney in the case.
B. C. 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. D. 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.