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SB1028 • 2026

firearms; homicide; mandatory destruction

SB1028 - firearms; homicide; mandatory destruction

Crime Firearms
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
John Kavanagh
Last action
Official status
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how or where firearms will be destroyed, leaving this as an open question.

Firearms Forfeiture for Homicide

This bill amends Arizona's laws to require that firearms used in a homicide must be destroyed after legal proceedings are completed.

What This Bill Does

  • Amends the law so that when someone is convicted of homicide and used a firearm, the court must order the firearm to be destroyed or disposed of properly according to federal and state law.

Who It Names or Affects

  • People convicted of homicide who used a firearm during the crime will have their firearms ordered by courts to be destroyed.
  • Courts will now have to order the destruction of firearms in certain murder cases after legal proceedings are completed.

Terms To Know

Forfeiture
When someone loses property because they broke the law.
Homicide
The killing of one person by another.

Limits and Unknowns

  • Does not specify what happens to firearms used in other violent crimes besides homicide.
  • Does not explain how or where the destruction of firearms will take place.

Bill History

No action history is stored for this bill yet.

Official Summary Text

SB1028 - firearms; homicide; mandatory destruction

Current Bill Text

Read the full stored bill text
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