00                      CS FOR SENATE BILL NO. 274(STA)                                                                   
01 "An Act relating to the disposition of forfeited, surplus, and unclaimed firearms by the                                
02 state."                                                                                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 12.36.030(a) is amended to read:                                                                   
05            (a)  Unless the property is a firearm, ammunition, or a firearm part                                     
06       subject to AS 18.65.340, if [IF] property that is used as evidence in a criminal                              
07       proceeding or a children's court proceeding, including wrongfully taken or damaged                                
08       property, is not claimed by the owner within one year after the final disposition of the                          
09       case, the law enforcement agency having custody of the property shall dispose of it                               
10       under (b) of this section.                                                                                        
11    * Sec. 2. AS 18.65.340 is repealed and reenacted to read:                                                          
12            Sec. 18.65.340. Disposal of firearms and ammunition by the state. (a)                                      
13       Except as provided by (b) of this section, the state may only dispose of forfeited,                             
14       surplus, or recovered but unclaimed firearms and ammunition by                                                    

01                 (1)  public sale not limited to firearms dealers;                                                       
02                 (2)  trade-in for credit in the purchase of a firearm;                                                  
03                 (3)  donation as provided by the regulations of the department making                                   
04       the donation; or                                                                                                  
05                 (4)  transfer to a state or municipal law enforcement agency.                                           
06            (b)  If state or federal law prohibits the sale of a particular surplus firearm                              
07       under (a)(1) of this section, the department that is disposing of the surplus firearm                             
08       shall                                                                                                             
09                 (1)  sell the surplus firearm to a firearms dealer who has the appropriate                              
10       federal license to buy the surplus firearm;                                                                       
11                 (2)  donate the surplus firearm under (a)(3) of this section; or                                        
12                 (3)  dismantle the surplus firearm, destroy those surplus firearm parts                                 
13       that cause the sale of the surplus firearm under (a)(1) of this section to be prohibited,                         
14       and dispose of the other parts of the surplus firearm under (a) of this section.                                  
15            (c)  If a department disposes of a surplus firearm under (a)(2), (3), or (4) of this                         
16       section, the department shall submit to the legislature each year during the legislature's                        
17       review of the department's budget a report that lists the surplus firearms that the                               
18       department has disposed of under (a)(2), (3), or (4) of this section during the previous                          
19       calendar year. The report must include a description of each surplus firearm and, for                             
20       each surplus firearm disposed of under                                                                            
21                 (1)  (a)(2) of this section, the value of the firearm purchased and the                                 
22       value received for the surplus firearm; and                                                                       
23                 (2)  (a)(3) or (4) or (b)(2) of this section, the identity of the                                       
24       governmental agency, the organization, or the individual to whom the surplus firearm                              
25       was donated or transferred.                                                                                       
26            (d)  Notwithstanding AS 09.50.250 or another provision of law, the state, and                                
27       the officers, agents, and employees of the state, are not liable to any person, including                         
28       the purchaser of a surplus firearm or part of a surplus firearm, for personal injuries or                         
29       damage to property as a result of the sale of a firearm or a part of a firearm under (a)                          
30       of this section, unless the state conducts the sale with gross negligence or recklessness.                        
31            (e)  In this section,                                                                                        

01                 (1)  "department" means a department of state government listed in                                      
02       AS 44.17.005(2) - (15);                                                                                           
03                 (2)  "surplus firearm" means a firearm or ammunition that is forfeited,                                 
04       surplus, or recovered but unclaimed.