SB1079 • 2026

firearms; mandatory destruction; homicides

SB1079 - firearms; mandatory destruction; homicides

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: 2026-01-14
Official status: Senate second read
Effective date: Not listed

Plain English Breakdown

The bill text does not explicitly define 'homicide' beyond its use in the statute; readers should rely on standard legal definitions found elsewhere.

SB1079: Rules for Destroying and Selling Firearms

This bill requires courts to order the destruction of firearms used in homicides, while allowing other seized weapons involved in felonies or unclaimed property to be sold or traded.

What This Bill Does

Requires law enforcement agencies to sell unclaimed firearms that were not used in a homicide and are legal to sell under federal and state laws.
Mandates the destruction of any firearm that was used in a homicide.
Allows courts to order the forfeiture and sale within one year of deadly weapons, dangerous instruments, or explosives involved in felony convictions where they were used, displayed, or unlawfully possessed.
Permits law enforcement agencies to trade retained firearms with licensed businesses for ammunition, weapons, equipment, or other materials exclusively for official use.
Requires that proceeds from the sale of unclaimed property be paid into the general fund.

Who It Names or Affects

Courts handling criminal cases involving deadly weapons, dangerous instruments, explosives, or firearms
Law enforcement agencies managing seized or retained weapons
Businesses authorized to receive and dispose of firearms under federal and state law
People convicted of felonies where a weapon was used, displayed, or unlawfully possessed

Terms To Know

Forfeiture: The legal process where the government takes ownership of property involved in a crime.
Homicide: A crime involving the killing of one person by another, specifically requiring firearm destruction under this bill if a gun was used.
General Fund: The main account where government agencies keep money for public use.

Limits and Unknowns

Firearms used in homicides must be destroyed or properly disposed of and cannot be sold.
Disposal of firearms involved in homicide convictions can only happen after all appeals are finished, the time to appeal has passed, or with prosecutor approval.

Bill History

2026-01-14 Senate
Senate second read
2026-01-12 Senate
Senate Rules: None
2026-01-12 Senate
Senate Judiciary and Elections: None
2026-01-12 Senate
Senate first read

Official Summary Text

SB1079 - firearms; mandatory destruction; homicides

Current Bill Text

Read the full stored bill text

SB1079 - 572R - I Ver

PREFILED��� DEC 29 2025

REFERENCE TITLE:
firearms; mandatory destruction; homicides

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1079

Introduced by

Senator
Kavanagh

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:

START_STATUTE
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.
END_STATUTE

Sec. 2. 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