HB2455 - 511R - House Bill Summary

House of Representatives

HB 2455

unclaimed property; firearms; disposition

Sponsors: Representatives Barton, Kwasman et al.

DPA	Committee on Public Safety, Military and Regulatory Affairs
W/D	Committee on Judiciary
DPA	Caucus and COW
X	As Transmitted to the Governor

Overview

HB 2455 requires agencies, rather than courts, to sell unclaimed or forfeited firearms and prevents a firearm from being returned to the person who found it.

History

Found Property as defined by Arizona Revised Statutes (A.R.S.) § 12-940 is any recovered, lost, surrendered or abandoned property that is turned over to a public agency where the owner may or may not be known and that is not classified as evidence.

Pursuant to A.R.S. § 12-941 found property turned over to a state, county, city or town agency may be returned to the person who found and turned it over unless the found property is contraband, has been claimed within thirty days, or the person who found and turned over the property is a public officer or employee of the federal, a state or a local government who found the property in the course of performing the duties of the office or employment.

Currently A.R.S. § 12-945 requires any found property that is a firearm to be sold by the court 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 is otherwise prohibited from being sold under federal and state law. 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.

Provisions

· Requires agencies to sell unclaimed or forfeited firearms in place of the courts.

· Prohibits the destruction of a firearm or the acquisition for the purpose of the destruction of a firearm by the State, any agency or political subdivision, unless the firearm is prohibited from being sold under federal or state law.

· Requires all property used as evidence and remaining unclaimed or found property in the possession of the State, a county or a Town Agency, be disposed of exclusively by the entity in possession.

· Requires an agency that takes property from a person to provide the person with a detailed receipt for the property including a notice on how to retrieve the property from the agency.

· Prevents a firearm deemed found property from being returned to the person who found it.

· Expands the definition of found property to include surrendered property and otherwise received items.

· Nullifies any rule or ordinance that relates to firearms enacted before or after July 29, 2010.

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