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REFERENCE TITLE: forfeiture of weapons and explosives |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1241 |
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Introduced by Senators Murphy, Gould, Griffin, Smith; Representatives Gowan, Kavanagh, Lesko, Seel, Smith D, Stevens: Senators Allen, Antenori, Barto, Biggs, Gray, Klein, Melvin, Nelson, Pierce S, Reagan, Shooter, Yarbrough; Representatives Barton, Farnsworth, Mesnard, Montenegro, Proud
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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 within one year after its forfeiture to any business that is authorized to receive and dispose of the article under federal, and state and local law and that shall sell the article to the public according to federal, and state and local law, unless the article is otherwise prohibited from being sold under federal, and 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 within one year after its forfeiture to any business that is authorized to receive and dispose of the article under federal, and state and local law and that shall sell the article to the public according to federal, and state and local law, unless the article is otherwise prohibited from being sold under federal, and state or local law, in which case it shall be destroyed or otherwise properly disposed.