Senate File 105 - Introduced SENATE FILE 105 BY SINCLAIR A BILL FOR An Act relating to the disposition of legal firearms and 1 ammunition seized by a law enforcement agency. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1849XS (3) 85 jm/rj

S.F. 105 Section 1. Section 809.5, subsection 1, paragraph f, 1 subparagraph (3), Code 2013, is amended to read as follows: 2 (3) Notwithstanding subparagraph (2), firearms or 3 ammunition with an aggregate fair market value equal to or 4 less than five hundred dollars shall be deposited with the 5 department of public safety. The firearms or ammunition may 6 be held by the department of public safety and seizing agency 7 shall be used for law enforcement, testing, or comparisons 8 by the criminalistics laboratory of the department of public 9 safety , or may be destroyed , or disposed of by the department 10 of public safety in accordance with seizing agency using the 11 same rules and procedures established in section 809.21 , 12 subsection 2 . 13 Sec. 2. Section 809.21, Code 2013, is amended to read as 14 follows: 15 809.21 Sale of certain ammunition and firearms. 16 1. Ammunition and firearms seized by the department of 17 public safety which are not illegal and which are not offensive 18 weapons as defined by section 724.1 may be sold by the 19 department of public safety at public auction. The firearms 20 or ammunition may also be held by the department of public 21 safety and used for law enforcement, testing, comparisons by 22 the criminalistics laboratory, destroyed, or disposed of in 23 accordance with this section. The department of public safety 24 may sell at public auction forfeited legal weapons received 25 from the director of the department of natural resources, 26 except that rifles and shotguns shall be retained by the 27 department of natural resources for disposal according to its 28 rules. 29 2. The sale of ammunition or firearms which are not illegal 30 and which are not offensive weapons as defined by section 31 724.1, pursuant to this section shall be made only to federally 32 licensed firearms dealers or to persons who have a permit 33 to purchase the firearms. Persons who have not obtained a 34 permit may bid on firearms at the public auction. However, 35 -1- LSB 1849XS (3) 85 jm/rj 1/ 4

S.F. 105 persons who bid without a permit must post a fifty percent of 1 purchase price fifty-percent-of-purchase-price deposit with the 2 commissioner of public safety on any winning bid. No transfer 3 of firearms may be made to a person bidding without a permit 4 until such time as the person has obtained a permit. If the 5 person is unable to produce a permit within two weeks from the 6 date of the auction, the person shall forfeit the fifty percent 7 fifty-percent deposit to the department of public safety. All 8 proceeds of a public auction pursuant to this section conducted 9 by the department , less department expenses reasonably 10 incurred, shall be deposited in the general fund of the state. 11 The department of public safety shall be reimbursed from the 12 proceeds for the reasonable expenses incurred in selling the 13 property at the auction. 14 Sec. 3. Section 809A.17, subsection 5, paragraph b, Code 15 2013, is amended to read as follows: 16 b. Forfeited property which is a weapon or ammunition 17 shall be deposited with the department of public safety to be 18 disposed of in accordance with the rules of the department 19 seizing agency . All weapons or ammunition may be held 20 for use in law enforcement, testing, or comparison by the 21 criminalistics laboratory, or destroyed. Ammunition and 22 firearms which are not illegal and are not offensive weapons 23 as defined by section 724.1 may be sold by the department as 24 provided seizing agency using the same rules and procedures in 25 section 809.21 , subsection 2 . 26 EXPLANATION 27 This bill relates to the disposition of legal firearms and 28 ammunition seized by a law enforcement agency. 29 Current law requires that all abandoned, seized firearms 30 and ammunition with an aggregate value of less than $500 be 31 transferred to the department of public safety for use in 32 law enforcement, testing, or used for comparisons by the 33 criminalistics laboratory, or destroyed, or sold at public 34 auction pursuant to Code section 809.21. 35 -2- LSB 1849XS (3) 85 jm/rj 2/ 4

S.F. 105 Under current law, a law enforcement agency that seizes 1 a firearm or ammunition becomes the owner of the firearm or 2 ammunition, if the aggregate value of the firearm or ammunition 3 is less than or equal to $500 and the firearm or ammunition 4 is deemed abandoned pursuant to Code section 809.5. The 5 bill provides that the seizing agency may use the firearm or 6 ammunition for law enforcement or testing, or loan or transfer 7 the firearm or ammunition to the department of public safety 8 for comparisons by the criminalistics laboratory, or destroy 9 the firearm or ammunition, or sell the firearm or ammunition 10 pursuant to the rules and procedures established in newly 11 designated Code section 809.21(2). 12 Under current law, if the value of a seized firearm or 13 ammunition is greater than $500 in the aggregate, Code section 14 809.5(1)(f)(1) requires the property to be forfeited pursuant 15 to the procedures established in Code chapter 809A. 16 Current law requires all forfeited weapons and ammunition 17 with an aggregate value of more than $500 to be transferred to 18 the department of public safety for use in law enforcement, 19 testing, or used for comparisons by the criminalistics 20 laboratory, or destroyed, or disposed of pursuant to the 21 procedures established in Code section 809A.17(5)(b). 22 The bill requires forfeited firearms or ammunition to be 23 transferred to the seizing agency. The bill further provides 24 that the seizing agency may use a forfeited firearm or 25 ammunition for law enforcement, testing, or loan or transfer 26 to the department of public safety for comparisons by the 27 criminalistics laboratory, or that the firearm or ammunition 28 be destroyed, or disposed of pursuant to the procedures 29 established for the department of public safety in newly 30 designated Code section 809.21(2). 31 The bill does not restrict the use of the proceeds from 32 the sale of seized firearms or ammunition by a local law 33 enforcement agency. Current law and the bill provide that 34 the proceeds from the sale of firearms or ammunition by the 35 -3- LSB 1849XS (3) 85 jm/rj 3/ 4

S.F. 105 department of public safety in Code section 809.21, less 1 expenses, be deposited in the general fund of the state. 2 -4- LSB 1849XS (3) 85 jm/rj 4/ 4