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SB1028 - 572R - I Ver
PREFILED��� DEC 16 2025
REFERENCE TITLE:
firearms; homicide; mandatory destruction
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1028
Introduced by
Senator
Kavanagh
AN
ACT
amending section 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 13-3105, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE