HF 536 (LSB 1513HV (3) 85)

HOUSE FILE 536

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 75)

A BILL FOR

An Act relating to the disposition of legal firearms and ammunition seized by a law enforcement agency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 809.5, subsection 1, paragraph f, subparagraph (3), Code 2013, is amended to read as follows:
   (3)
  (i)  Notwithstanding subparagraph (2)
 
and except as otherwise provided in this subparagraph, firearms or ammunition with an aggregate fair market value equal to or less than five hundred dollars shall be deposited with the department of public safety.
   (ii)  The seizing agency shall notify the department of public safety if the seizing agency desires to resume and retain custody of any firearms. If the department is already in possession of the same type of firearms, the department shall return the firearms to the seizing agency within one hundred eighty days of receiving the firearms from the seizing agency. Before returning the firearms, the department shall, as necessary, collect and record information from the firearms, which may include but is not limited to serial numbers.
   (iii)  The firearms or ammunition may be held by the department of public safety and
 
may be used for law enforcement, testing, or comparisons by the criminalistics laboratory
 
of the department, or may be destroyed, or disposed of by the department of public safety
 
seizing agency using the same rules and procedures established in accordance with section 809.21, subsection 2.
    Sec. 2.  Section 809.21, Code 2013, is amended to read as follows:
   809.21  Sale of certain ammunition and firearms.
   1.  Ammunition and firearms
 
seized by the department of public safety which are not illegal and which are not offensive weapons as defined by section 724.1 may be sold by the department of public safety at public auction.

The firearms or ammunition may also be held by the department of public safety and used for law enforcement, testing, or comparisons by the criminalistics laboratory, or destroyed, or disposed of in accordance with this section. The department of public safety may sell at public auction forfeited legal weapons received from the director of the department of natural resources, except that rifles and shotguns shall be retained by the department of natural resources for disposal according to its rules.
   2.  The sale of ammunition or firearms
 
which are not illegal and which are not offensive weapons as defined by section 724.1, pursuant to this section shall be made only to federally licensed firearms dealers or to persons who have a permit to purchase the firearms. Persons who have not obtained a permit may bid on firearms at the public auction. However, persons who bid without a permit must post a fifty percent of purchase price
 
fifty-percent-of-purchase-price deposit with the commissioner of public safety on any winning bid. No transfer of firearms may be made to a person bidding without a permit until such time as the person has obtained a permit. If the person is unable to produce a permit within two weeks from the date of the auction, the person shall forfeit the fifty percent
 
fifty-percent deposit to the department of public safety. All proceeds of a public auction pursuant to this section
 
conducted by the department, less department expenses reasonably incurred, shall be deposited in the general fund of the state. The department of public safety shall be reimbursed from the proceeds for the reasonable expenses incurred in selling the property at the auction.
    Sec. 3.  Section 809A.17, subsection 5, paragraph b, Code 2013, is amended to read as follows:
   b.  Forfeited property which is a weapon or ammunition shall be deposited with the department of public safety to be disposed of in accordance with the rules of the department
 
seizing agency. All weapons or ammunition may be held for use in law enforcement, testing, or comparison by the criminalistics laboratory, or destroyed. Ammunition and firearms which are not illegal and are not offensive weapons as defined by section 724.1 may be sold by the department as provided
 
seizing agency using the same rules and procedures in section 809.21, subsection 2.
EXPLANATION
   This bill relates to the disposition of legal firearms and ammunition seized by a law enforcement agency.
   Current law requires that all abandoned, seized firearms and ammunition with an aggregate value of less $500 be transferred to the department of public safety for use in law enforcement, testing, or for comparisons by the criminalistics laboratory, or destroyed, or sold at public auction pursuant to Code section 809.21. If the value of a seized firearm or ammunition is greater than $500 in the aggregate, Code section 809.5(1)(f)(1) requires the property to be forfeited pursuant to the procedures established in Code chapter 809A.
   Under the bill, if the owner of firearms or ammunition is unable to be located or the firearms or ammunition is deemed abandoned, such firearms or ammunition shall be deposited with the department of public safety, regardless of value, and if the seizing agency desires to resume and retain custody of any firearms, the seizing agency must notify the department of public safety. If the department is already in possession of the same type of firearms, the department is required to return the firearms to the seizing agency within six months of receiving the firearms from the seizing agency. Before returning the firearms, the department shall, as necessary, collect and record information from the firearms, which may include but is not limited to serial numbers. The firearms or ammunition may be held by the department of public safety and may be used for law enforcement, testing, or comparisons by the criminalistics laboratory of the department, or destroyed or disposed of by the seizing agency.
   Current law requires all forfeited weapons and ammunition with an aggregate value of more than $500 to be transferred to the department of public safety for use in law enforcement, testing, or used for comparisons by the criminalistics laboratory, to be destroyed, or to be disposed of pursuant to the procedures established in Code section 809A.17(5)(b).
   The bill requires forfeited firearms or ammunition to be transferred to the seizing agency. The bill further provides that the seizing agency may use a forfeited firearm or ammunition for law enforcement, testing, or loan or transfer to the department of public safety for comparisons by the criminalistics laboratory, or that the firearm or ammunition be destroyed, or disposed of pursuant to the procedures established for the department of public safety in newly designated Code section 809.21(2).
   The bill does not restrict the use of the proceeds from the sale of seized firearms or ammunition by a local law enforcement agency. Current law and the bill provide that the proceeds from the sale of firearms or ammunition by the department of public safety in Code section 809.21, less expenses, be deposited into the general fund of the state.