H.F. 536 Section 1. Section 809.5, subsection 1, paragraph f, 1 subparagraph (3), Code 2013, is amended to read as follows: 2 (3) (i) Notwithstanding subparagraph (2) and except as 3 otherwise provided in this subparagraph , firearms or ammunition 4 with an aggregate fair market value equal to or less than five 5 hundred dollars shall be deposited with the department of 6 public safety. 7 (ii) The seizing agency shall notify the department of 8 public safety if the seizing agency desires to resume and 9 retain custody of any firearms. If the department is already 10 in possession of the same type of firearms, the department 11 shall return the firearms to the seizing agency within one 12 hundred eighty days of receiving the firearms from the seizing 13 agency. Before returning the firearms, the department shall, 14 as necessary, collect and record information from the firearms, 15 which may include but is not limited to serial numbers. 16 (iii) The firearms or ammunition may be held by the 17 department of public safety and may be used for law 18 enforcement, testing, or comparisons by the criminalistics 19 laboratory of the department , or may be destroyed , or disposed 20 of by the department of public safety seizing agency using 21 the same rules and procedures established in accordance with 22 section 809.21 , subsection 2 . 23 Sec. 2. Section 809.21, Code 2013, is amended to read as 24 follows: 25 809.21 Sale of certain ammunition and firearms. 26 1. Ammunition and firearms seized by the department of 27 public safety which are not illegal and which are not offensive 28 weapons as defined by section 724.1 may be sold by the 29 department of public safety at public auction. The firearms or 30 ammunition may also be held by the department of public safety 31 and used for law enforcement, testing, or comparisons by the 32 criminalistics laboratory, or destroyed, or disposed of in 33 accordance with this section. The department of public safety 34 may sell at public auction forfeited legal weapons received 35 -1- LSB 1513HV (3) 85 rh/rj 1/ 4

H.F. 536 from the director of the department of natural resources, 1 except that rifles and shotguns shall be retained by the 2 department of natural resources for disposal according to its 3 rules. 4 2. The sale of ammunition or firearms which are not illegal 5 and which are not offensive weapons as defined by section 6 724.1, pursuant to this section shall be made only to federally 7 licensed firearms dealers or to persons who have a permit 8 to purchase the firearms. Persons who have not obtained a 9 permit may bid on firearms at the public auction. However, 10 persons who bid without a permit must post a fifty percent of 11 purchase price fifty-percent-of-purchase-price deposit with the 12 commissioner of public safety on any winning bid. No transfer 13 of firearms may be made to a person bidding without a permit 14 until such time as the person has obtained a permit. If the 15 person is unable to produce a permit within two weeks from the 16 date of the auction, the person shall forfeit the fifty percent 17 fifty-percent deposit to the department of public safety. All 18 proceeds of a public auction pursuant to this section conducted 19 by the department , less department expenses reasonably 20 incurred, shall be deposited in the general fund of the state. 21 The department of public safety shall be reimbursed from the 22 proceeds for the reasonable expenses incurred in selling the 23 property at the auction. 24 Sec. 3. Section 809A.17, subsection 5, paragraph b, Code 25 2013, is amended to read as follows: 26 b. Forfeited property which is a weapon or ammunition 27 shall be deposited with the department of public safety to be 28 disposed of in accordance with the rules of the department 29 seizing agency . All weapons or ammunition may be held 30 for use in law enforcement, testing, or comparison by the 31 criminalistics laboratory, or destroyed. Ammunition and 32 firearms which are not illegal and are not offensive weapons 33 as defined by section 724.1 may be sold by the department as 34 provided seizing agency using the same rules and procedures in 35 -2- LSB 1513HV (3) 85 rh/rj 2/ 4

H.F. 536 section 809.21 , subsection 2 . 1 EXPLANATION 2 This bill relates to the disposition of legal firearms and 3 ammunition seized by a law enforcement agency. 4 Current law requires that all abandoned, seized firearms 5 and ammunition with an aggregate value of less $500 be 6 transferred to the department of public safety for use in law 7 enforcement, testing, or for comparisons by the criminalistics 8 laboratory, or destroyed, or sold at public auction pursuant 9 to Code section 809.21. If the value of a seized firearm or 10 ammunition is greater than $500 in the aggregate, Code section 11 809.5(1)(f)(1) requires the property to be forfeited pursuant 12 to the procedures established in Code chapter 809A. 13 Under the bill, if the owner of firearms or ammunition is 14 unable to be located or the firearms or ammunition is deemed 15 abandoned, such firearms or ammunition shall be deposited with 16 the department of public safety, regardless of value, and if 17 the seizing agency desires to resume and retain custody of 18 any firearms, the seizing agency must notify the department 19 of public safety. If the department is already in possession 20 of the same type of firearms, the department is required to 21 return the firearms to the seizing agency within six months 22 of receiving the firearms from the seizing agency. Before 23 returning the firearms, the department shall, as necessary, 24 collect and record information from the firearms, which may 25 include but is not limited to serial numbers. The firearms or 26 ammunition may be held by the department of public safety and 27 may be used for law enforcement, testing, or comparisons by the 28 criminalistics laboratory of the department, or destroyed or 29 disposed of by the seizing agency. 30 Current law requires all forfeited weapons and ammunition 31 with an aggregate value of more than $500 to be transferred to 32 the department of public safety for use in law enforcement, 33 testing, or used for comparisons by the criminalistics 34 laboratory, to be destroyed, or to be disposed of pursuant to 35 -3- LSB 1513HV (3) 85 rh/rj 3/ 4

H.F. 536 the procedures established in Code section 809A.17(5)(b). 1 The bill requires forfeited firearms or ammunition to be 2 transferred to the seizing agency. The bill further provides 3 that the seizing agency may use a forfeited firearm or 4 ammunition for law enforcement, testing, or loan or transfer 5 to the department of public safety for comparisons by the 6 criminalistics laboratory, or that the firearm or ammunition 7 be destroyed, or disposed of pursuant to the procedures 8 established for the department of public safety in newly 9 designated Code section 809.21(2). 10 The bill does not restrict the use of the proceeds from 11 the sale of seized firearms or ammunition by a local law 12 enforcement agency. Current law and the bill provide that 13 the proceeds from the sale of firearms or ammunition by the 14 department of public safety in Code section 809.21, less 15 expenses, be deposited into the general fund of the state. 16 -4- LSB 1513HV (3) 85 rh/rj 4/ 4