SSB 3081 (LSB 5983XC (1) 87)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to retaining forfeited or abandoned ammunition and firearms by a local 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 2018, is amended to read as follows:
   (3)  Notwithstanding subparagraphs (1) and (2), firearms or ammunition shall be deposited with the department of public safety, except as provided in section 809.22. The firearms or ammunition may be that are held by the department of public safety and may be used for law enforcement, testing, or comparisons by the criminalistics laboratory, or may be destroyed or disposed of by the department of public safety in accordance with section 809.21.
    Sec. 2.  NEW SECTION.  809.22  Ammunition and firearms retained by local law enforcement agency.
   A local law enforcement agency may select to retain ammunition and firearms for law enforcement purposes pursuant to section 809.5, subsection 1, or section 809A.17, subsection 5, if the ammunition and firearms are not illegal and are not offensive weapons as defined by section 724.1. If the local law enforcement agency no longer uses the retained ammunition or firearm for law enforcement purposes, the local law enforcement agency may sell at public auction retained ammunition or firearms or deposit the ammunition or firearms with the department of public safety for disposal pursuant to section 809.21. If the local law enforcement agency sells ammunition or firearms pursuant to this section, the sale shall be made only to federally licensed firearms dealers. All proceeds of a public auction pursuant to this section, less payment of any court costs that may be owed related to the seizure of the ammunition or firearm, shall be retained by the local law enforcement agency.
    Sec. 3.  Section 809A.17, subsection 5, paragraph b, Code 2018, 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, except as provided in section 809.22. All weapons Weapons or ammunition may be that are held may be used 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 in section 809.21.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to retaining forfeited or abandoned ammunition and firearms by a local law enforcement agency.
   Currently, ammunition and firearms forfeited or abandoned are to be deposited with the department of public safety and either used by the department for law enforcement, testing, or comparisons by the criminalistics laboratory, destroyed, or sold at public auction as provided in Code section 809.21. 
   The bill permits a local law enforcement agency to select to retain forfeited or abandoned ammunition and firearms and use the ammunition and firearms for law enforcement purposes, if the ammunition and firearms are not illegal and are not offensive weapons as defined by Code section 724.1. If the local law enforcement agency no longer uses the retained ammunition or firearms for law enforcement purposes, the bill permits the local law enforcement agency to sell at public auction the retained ammunition or firearms or deposit the ammunition or firearms with the department of public safety for disposal pursuant to Code section 809.21. If the local law enforcement agency sells ammunition or firearms pursuant to the provisions of the bill, the sale shall be made only to federally licensed firearms dealers. All proceeds of a public auction pursuant to the bill, less payment of any court costs that may be owed related to the seizing of the ammunition or firearm, shall be retained by the local law enforcement agency.