CSHB 419(STA) AM S: "An Act relating to the disposal of property, including firearms and ammunition."
00CS FOR HOUSE BILL NO. 419(STA) am S 01 "An Act relating to the disposal of property, including firearms and ammunition." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.36.030(b) is repealed and reenacted to read: 04 (b) Property referenced in (a) of this section shall be disposed of by a 05 (1) municipal law enforcement agency in the following manner: 06 (A) for that part of the property that is subject to AS 34.45.110 - 07 34.45.780, in accordance with AS 34.45.110 - 34.45.780; 08 (B) for that part of the property that is not subject to 09 AS 34.45.110 - 34.45.780, by selling the property in the same manner as a sale 10 upon execution; after paying the expenses for the preservation and sale of the 11 property, the law enforcement agency shall dispose of the proceeds of the sale 12 in the same manner as money collected upon a judgment; 13 (2) state law enforcement agency in the following manner: 14 (A) if the property is a firearm or ammunition, in the manner
01 provided in AS 18.65.340; 02 (B) if the property is other than a firearm or ammunition, and the 03 property is 04 (i) subject to AS 34.45.110 - 34.45.780, in accordance 05 with AS 34.45.110 - 34.45.780; 06 (ii) not subject to AS 34.45.110 - 34.45.780, by selling 07 the property in the same manner as a sale upon execution; after paying 08 the expenses for the preservation and sale of the property, the law 09 enforcement agency shall dispose of the proceeds of the sale in the same 10 manner as money collected upon a judgment. 11 * Sec. 2. AS 12.36.060(a) is amended to read: 12 (a) A deadly weapon, other than a firearm or ammunition, forfeited under 13 AS 12.55.015(a)(9), unless remitted under AS 12.36.050, shall be disposed of by the 14 commissioner of public safety under this section. Under this subsection, the [THE] 15 commissioner of public safety 16 (1) may declare a weapon surplus and transfer it to the commissioner of 17 administration; 18 (2) may, if the [. A] weapon is suitable for law enforcement purposes, 19 [BALLISTICS TESTING,] training, or identification, retain the weapon for use [MAY 20 BE RETAINED] by the Department of Public Safety or transfer the weapon 21 [TRANSFERRED] to the municipal law enforcement agency making the arrest that led 22 to the forfeiture; 23 (3) shall destroy a [. A] weapon that is unsafe or unlawful [SHALL BE 24 DESTROYED]. 25 * Sec. 3. AS 12.36.060 is amended by adding a new subsection to read: 26 (c) A firearm or ammunition forfeited to the state under AS 12.55.015(a)(9), 27 unless remitted under AS 12.36.050, shall be disposed of as provided in AS 18.65.340. 28 * Sec. 4. AS 17.30.122 is amended to read: 29 Sec. 17.30.122. STATE DISPOSAL OF FORFEITED PROPERTY. Property 30 forfeited under AS 17.30.110 - 17.30.126 other than controlled substances and 31 firearms shall be disposed of by the commissioner of administration in accordance
01 with applicable law. Firearms shall be disposed of as provided in AS 18.65.340. 02 As to property other than firearms or controlled substances, the [THE] 03 commissioner of administration may 04 (1) destroy property harmful to the public; 05 (2) sell the property and use the proceeds for payment of all proper 06 expenses of the proceedings for forfeiture and sale, including expenses of seizure, 07 custody, and court costs; 08 (3) take custody of the property and authorize its use in the 09 enforcement of this chapter or AS 11.71, or transfer it to another agency of the state 10 or a political subdivision of the state for a use in furtherance of the administration of 11 justice; 12 (4) take custody of the property and remove it for disposition in 13 accordance with law; 14 (5) forward it to the Drug Enforcement Administration of the United 15 States Department of Justice for disposition; or 16 (6) transfer ownership of an aircraft to the Alaska Wing, Civil Air 17 Patrol. 18 * Sec. 5. AS 18.65 is amended by adding a new section to read: 19 ARTICLE 3A. DISPOSAL OF FIREARMS AND AMMUNITION. 20 Sec. 18.65.340. DISPOSAL OF FIREARMS AND AMMUNITION BY THE 21 STATE. The state may only dispose of forfeited, surplus, or recovered but unclaimed, 22 firearms and ammunition by sale or trade to a federally licensed firearms dealer. Only 23 firearms and ammunition that are serviceable and safe and legal for a federally licensed 24 firearms dealer to possess may be sold or traded under this section. Firearms and 25 ammunition that are not serviceable and safe shall be destroyed. Firearms and 26 ammunition that are not legal for a federally licensed firearms dealer to possess shall be 27 disposed of only by destruction or by transfer to a law enforcement agency that can 28 legally possess the firearms or ammunition.