Senate Study Bill 3081 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to retaining forfeited or abandoned ammunition 1 and firearms by a local law enforcement agency. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5983XC (1) 87 jm/jh

S.F. _____ Section 1. Section 809.5, subsection 1, paragraph f, 1 subparagraph (3), Code 2018, is amended to read as follows: 2 (3) Notwithstanding subparagraphs (1) and (2), firearms or 3 ammunition shall be deposited with the department of public 4 safety , except as provided in section 809.22 . The firearms 5 or ammunition may be that are held by the department of 6 public safety and may be used for law enforcement, testing, 7 or comparisons by the criminalistics laboratory, or may be 8 destroyed or disposed of by the department of public safety in 9 accordance with section 809.21 . 10 Sec. 2. NEW SECTION . 809.22 Ammunition and firearms 11 retained by local law enforcement agency. 12 A local law enforcement agency may select to retain 13 ammunition and firearms for law enforcement purposes pursuant 14 to section 809.5, subsection 1, or section 809A.17, subsection 15 5, if the ammunition and firearms are not illegal and are 16 not offensive weapons as defined by section 724.1. If the 17 local law enforcement agency no longer uses the retained 18 ammunition or firearm for law enforcement purposes, the local 19 law enforcement agency may sell at public auction retained 20 ammunition or firearms or deposit the ammunition or firearms 21 with the department of public safety for disposal pursuant to 22 section 809.21. If the local law enforcement agency sells 23 ammunition or firearms pursuant to this section, the sale shall 24 be made only to federally licensed firearms dealers. All 25 proceeds of a public auction pursuant to this section, less 26 payment of any court costs that may be owed related to the 27 seizure of the ammunition or firearm, shall be retained by the 28 local law enforcement agency. 29 Sec. 3. Section 809A.17, subsection 5, paragraph b, Code 30 2018, is amended to read as follows: 31 b. Forfeited property which is a weapon or ammunition 32 shall be deposited with the department of public safety to be 33 disposed of in accordance with the rules of the department , 34 except as provided in section 809.22 . All weapons Weapons or 35 -1- LSB 5983XC (1) 87 jm/jh 1/ 2

S.F. _____ ammunition may be that are held may be used for use in law 1 enforcement, testing, or comparison by the criminalistics 2 laboratory, or destroyed. Ammunition and firearms which are 3 not illegal and are not offensive weapons as defined by section 4 724.1 may be sold by the department as provided in section 5 809.21 . 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to retaining forfeited or abandoned 10 ammunition and firearms by a local law enforcement agency. 11 Currently, ammunition and firearms forfeited or abandoned 12 are to be deposited with the department of public safety and 13 either used by the department for law enforcement, testing, or 14 comparisons by the criminalistics laboratory, destroyed, or 15 sold at public auction as provided in Code section 809.21. 16 The bill permits a local law enforcement agency to select 17 to retain forfeited or abandoned ammunition and firearms and 18 use the ammunition and firearms for law enforcement purposes, 19 if the ammunition and firearms are not illegal and are not 20 offensive weapons as defined by Code section 724.1. If the 21 local law enforcement agency no longer uses the retained 22 ammunition or firearms for law enforcement purposes, the bill 23 permits the local law enforcement agency to sell at public 24 auction the retained ammunition or firearms or deposit the 25 ammunition or firearms with the department of public safety 26 for disposal pursuant to Code section 809.21. If the local 27 law enforcement agency sells ammunition or firearms pursuant 28 to the provisions of the bill, the sale shall be made only to 29 federally licensed firearms dealers. All proceeds of a public 30 auction pursuant to the bill, less payment of any court costs 31 that may be owed related to the seizing of the ammunition or 32 firearm, shall be retained by the local law enforcement agency. 33 -2- LSB 5983XC (1) 87 jm/jh 2/ 2