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REFERENCE TITLE: forfeited weapons; disposition |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2645 |
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Introduced by Representative Ugenti, Senators Pearce R: Antenori, Smith
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AN ACT
amending section 13-3105, Arizona Revised Statutes; relating to weapons.
(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:
13-3105. Forfeiture of weapons and explosives
A. 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 to any business that is authorized to receive and dispose of the article under federal, state and local law and that shall sell the article to the public according to federal, state and local law, unless the article is otherwise prohibited from being sold under federal, or state or local law, in which case it shall be destroyed or otherwise properly disposed.
B. 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. 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 to any business that is authorized to receive and dispose of the article under federal, state and local law and that shall sell the article to the public according to federal, state and local law, unless the article is otherwise prohibited from being sold under federal, or state or local law, in which case it shall be destroyed or otherwise properly disposed.