SB1231 • 2026

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 source does not specify how sales would be handled if victims or families allow it. The bill focuses on mandatory destruction unless otherwise specified by a victim or family decision.

Firearms; Mandatory Destruction of Weapons Used in Crimes

This bill changes Arizona law so that firearms used during a crime must be destroyed by local governments unless the victim or their family allows it to be sold.

What This Bill Does

Changes the law so that when someone is found guilty of using a firearm during a crime, the court orders the gun to be given to the city, town, or county where the crime happened.
Local governments must destroy the firearm unless the victim or their family allows it to be sold.

Who It Names or Affects

People who are found guilty of using a firearm during a crime will have their guns destroyed by local governments unless they give permission for the sale.
Victims of crimes involving firearms or their families may choose whether the firearm is sold or destroyed.

Terms To Know

Forfeiture: When someone loses property because it was used in a crime and must be given to the government.
Deadly weapon: A tool or object that can cause serious injury or death, like a gun or knife.

Limits and Unknowns

The bill does not specify what happens if there is no victim or family to make the decision about selling or destroying the firearm.
It is unclear how local governments will handle the destruction of firearms and whether they have the necessary resources for this task.

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