HF 871 (LSB 1990HV (1) 91)

HOUSE FILE 871

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 519)

A BILL FOR

An Act relating to the disposition of firearms and ammunition deposited with the department of public safety through seizure or forfeiture proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 809.5, subsection 1, paragraph f, subparagraph (3), Code 2025, is amended to read as follows:
   (3)  (a)  Notwithstanding subparagraphs (1) and (2), firearms or ammunition shall be deposited with the department of public safety. The Subject to the provisions of this subparagraph, the firearms or ammunition may be held by the department of public safety and be used for law enforcement, testing, or comparisons by the criminalistics laboratory, or may. Firearms and ammunition not retained by the department for such uses that are not illegal and are not offensive weapons as defined by section 724.1 shall be destroyed or disposed of by the department of public safety in accordance with section 809.21.
   (b)  The department shall give priority to making the firearms and ammunition available at public auction, unless a firearm or ammunition has such distinctive or unique characteristics so as to make it an important addition to the department’s weapons archive.
   (c)  The department shall not dispose of firearms or ammunition to an agency of any other state or the federal government, except in exchange for firearms needed by the department for the uses listed in subparagraph division (a), or in extraordinary circumstances that shall be individually approved and recorded by the commissioner.
   (d)  Firearms and ammunition may be destroyed by or at the direction of the department only if the firearm or ammunition fails to sell at public auction or, in the case of ammunition, if the ammunition is determined to be damaged or otherwise unsafe for use.
   (e)  Notwithstanding any other provision in this subparagraph, any weapon or ammunition that is illegal or is an offensive weapon as defined by section 724.1 and is not retained by the department for the uses described in subparagraph division (a) or (c) may be destroyed.
    Sec. 2.  Section 809.21, Code 2025, is amended to read as follows:
   809.21  Sale of certain ammunition and firearms.
   Ammunition and firearms which that are not illegal and which, that are not offensive weapons as defined by section 724.1 may, and that have not been retained for use by the department of public safety in accordance with section 809.5, subsection 3, paragraph “f”, subparagraph (3), shall be sold by the department of public safety at public auction. 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. The sale of ammunition or firearms 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 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 deposit to the department of public safety. All proceeds of a public auction pursuant to this section, 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 2025, is amended to read as follows:
   b.  (1)  Forfeited property which that 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. All Subject to the provisions of this paragraph, 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 that are not retained by the department for such uses, are not illegal, and are not offensive weapons as defined by section 724.1 may shall be sold by the department as provided in section 809.21.
   (2)  The department shall give priority to making the firearms and ammunition available at public auction, unless a firearm or ammunition has such distinctive or unique characteristics so as to make it an important addition to the department’s weapons archive.
   (3)  The department shall not dispose of firearms or ammunition to an agency of any other state or the federal government, except in exchange for firearms needed by the department for the uses listed in subparagraph (1), or in extraordinary circumstances that shall be individually approved and recorded by the commissioner.
   (4)  Firearms and ammunition may be destroyed by or at the direction of the department only if the firearm or ammunition fails to sell at public auction or, in the case of ammunition, if the ammunition is determined to be damaged or otherwise unsafe for use.
   (5)  Notwithstanding any other provision in this paragraph, any weapon or ammunition that is illegal or is an offensive weapon as defined by section 724.1 and is not retained by the department for the uses described in subparagraph (1) or (3) may be destroyed.
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 the disposition of firearms and ammunition deposited with the department of public safety (department) through seizure or forfeiture proceedings.
   Current law provides the department with specified options on how to dispose of firearms or ammunition acquired through seizure or forfeiture, including destruction of the firearm or ammunition.
   The bill requires the department to sell seized or forfeited legal firearms and ammunition through public auction, unless an exception applies. The exceptions include if the firearm or ammunition may be otherwise used by the department, has such distinctive or unique characteristics so as to make it an important addition to the department’s weapons archive, or is necessary for an exchange with a federal agency or agency from another state for specified uses or due to extraordinary circumstances, which shall be individually approved and recorded by the commissioner. The bill also provides that a firearm or ammunition may be destroyed only if it fails to sell at public auction or is determined damaged or unsafe for use. Certain disposition requirements do not apply to weapons or ammunition that are illegal or offensive weapons.