firearms; mandatory destruction; criminal offenses

SB1231 - firearms; mandatory destruction; criminal offenses

Crime Firearms

Passed Legislature

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

Sponsor: Brian Fernandez
Last action: 2026-01-21
Official status: Senate second read
Effective date: Not listed

Plain English Breakdown

The official text does not provide an effective date for this bill.

SB1231: Rules for Destroying Firearms Used in Crimes

This law requires courts to order firearms used in crimes to be destroyed unless the victim or their family chooses to allow them to be sold.

What This Bill Does

Requires courts to take away and sell weapons, dangerous tools, or explosives within one year when a person is convicted of a felony involving those items, if federal and state laws allow the sale.
Mandates that firearms used in an offense must be destroyed by local government unless the victim allows them to be sold.
Allows victims or their families to choose whether a firearm involved in a crime can be sold instead of destroyed.
Requires courts to take away weapons, dangerous tools, or explosives if a person charged with a crime is found incompetent.

Who It Names or Affects

People convicted of felonies involving deadly weapons, dangerous instruments, or explosives
Courts that handle criminal cases in Arizona
Cities, towns, and counties responsible for destroying firearms
Victims of crimes where a firearm was used

Terms To Know

Forfeiture: The legal process where the government takes ownership of property.
Incompetent: A person who cannot understand or participate in their own criminal trial due to mental health issues, as determined by a court rule.

Limits and Unknowns

The law does not specify an effective date.
It is unclear how local governments will handle the cost of destroying firearms if victims do not choose sale.
The text does not explain what happens to weapons that cannot be sold or destroyed under current laws.

Bill History

2026-01-21 Senate
Senate second read
2026-01-20 Senate
Senate Rules: None
2026-01-20 Senate
Senate Judiciary and Elections: None
2026-01-20 Senate
Senate first read

Official Summary Text

SB1231 - firearms; mandatory destruction; criminal offenses

Current Bill Text

Read the full stored bill text

SB1231 - 572R - I Ver

REFERENCE TITLE:
firearms; mandatory destruction; criminal offenses

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1231

Introduced by

Senator
Fernandez

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:

START_STATUTE
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.

END_STATUTE