00SENATE BILL NO. 219                                                                                                     
01 "An Act relating to the disposal of firearms and ammunition by the state or a                                           
02 municipality."                                                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 12.36.030(b) is amended to read:                                                                    
05  (b)  The law enforcement agency shall dispose of that part of the property                                            
06 referenced in (a) of this section, that is                                                                            
07   (1)  a firearm or ammunition, in the manner provided in                                                             
08 AS 18.65.340;                                                                                                           
09   (2)  other than a firearm or ammunition, and is                                                                      
10   (A) [(1)]  subject to AS 34.45.110 - 34.45.780, in accordance                                                    
11 with AS 34.45.110 - 34.45.780;                                                                                          
12   (B) [(2)] not subject to AS 34.45.110 - 34.45.780, by selling the                                               
13 property in the same manner as a sale upon execution; after paying the                                                  
14 expenses for the preservation and sale of the property, the law enforcement                                             

01 agency shall dispose of the proceeds of the sale in the same manner as money                                            
02 collected upon a judgment.                                                                                              
03    * Sec. 2.  AS 12.36.060(a) is amended to read:                                                                       
04  (a)  A deadly weapon, other than a firearm or ammunition, forfeited under                                           
05 AS 12.55.015(a)(9), unless remitted under AS 12.36.050, shall be disposed of by the                                     
06 commissioner of public safety under this section.  Under this subsection, the [THE]                                   
07 commissioner of public safety                                                                                           
08   (1)  may declare a weapon surplus and transfer it to the commissioner                                              
09 of administration;                                                                                                     
10   (2)  may, if the [.  A] weapon is suitable for law enforcement purposes,                                          
11 [BALLISTICS TESTING,] training, or identification, retain the weapon for use                                          
12 [MAY BE RETAINED] by the Department of Public Safety or transfer the weapon                                           
13 [TRANSFERRED] to the municipal law enforcement agency making the arrest that led                                        
14 to the forfeiture;                                                                                                     
15   (3)  shall destroy a [.  A] weapon that is unsafe or unlawful [SHALL                                                
16 BE DESTROYED].                                                                                                          
17    * Sec. 3.  AS 12.36.060 is amended by adding a new subsection to read:                                               
18  (c)  A firearm or ammunition forfeited under AS 12.55.015(a)(9), unless                                               
19 remitted under AS 12.36.050, shall be disposed of as provided in AS 18.65.340.                                          
20    * Sec. 4.  AS 18.65 is amended by adding a new section to read:                                                      
21 ARTICLE 3A.  DISPOSAL OF FIREARMS AND AMMUNITION.                                                                       
22  Sec. 18.65.340.  DISPOSAL OF FIREARMS AND AMMUNITION BY THE                                                           
23 STATE OR A MUNICIPALITY.  Except for disposals under AS 17.30.122, the state                                            
24 or a municipality of the state may only dispose of forfeited, surplus, or recovered but                                 
25 unclaimed, firearms and ammunition by sale or trade to a federally licensed firearms                                    
26 dealer.  Only firearms and ammunition that are serviceable and safe and legal for a                                     
27 federally licensed firearms dealer to possess may be sold or traded under this section.                                 
28 Firearms and ammunition that are not serviceable and safe shall be destroyed by the                                     
29 state or the municipality having possession of the firearms and ammunition.  Firearms                                   
30 and ammunition that are not legal for a federally licensed firearms dealer to possess                                   
31 shall be disposed of only by destruction or by transfer to a law enforcement agency                                     

01 that can legally possess the firearms or ammunition.