Relating to the disposition of certain seized weapons.
Legislative Budget Board Notes
No significant fiscal impact is anticipated on the State or local governments.
Policy Analyst Notes
Summary: Under current law, law enforcement can seize and hold firearms for certain weapons-related offenses until a court ruling. When the court rules against returning the weapon, law enforcement is required to destroy it or forfeit it to the State for law enforcement usage. HB 1421 would allow the court to sell the weapon to a federally licensed firearms dealer at public sale. Additionally, the proceeds from this sale would go to the law enforcement agency holding the weapon.
Analysis: Creating multiple options in the case of a seized weapon allows a court greater flexibility. Also, the law enforcement agency storing the weapon recoups some or all of the storage cost. This bill would restrict the gun from being sold to anyone but a federally licensed dealer, which would prevent all other citizens from being able to participate in the auction. Even though this doesn't get to where we would like it to be, this is better than the current law. We support this legislation.