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SB 1028

firearms; homicide; mandatory destruction

57th Legislature - Second Regular Session Introduced by John Kavanagh

The bill requires mandatory forfeiture and destruction of firearms used in homicides, with disposal allowed only after appeal timelines or prosecutorial agreement.

Senate First Reading
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Bill Summary · SB 1028

Bill Summary: SB 1028 (Arizona, 57th Legislature, 2nd Regular Session)

Main purpose

SB 1028 seeks to modify the disposition of firearms and other weapons in several criminal forfeiture scenarios. The bill emphasizes mandatory forfeiture and disposal of firearms or deadly weapons tied to certain offenses, with a particular focus on homicide cases involving a firearm.

Key provisions and changes

  • General weapon and explosive forfeiture (existing framework maintained with tweaks)

    • Under current law (Section 13-3105 A), when a person is convicted of a felony in which a deadly weapon, dangerous instrument, or explosive was used, displayed, or unlawfully possessed, the court must forfeit the item and sell it within one year to a permitted disposal business. The item may then be sold to the public under applicable law, unless prohibited, in which case it must be destroyed or disposed of properly.

  • Mandatory firearm forfeiture and destruction in homicide cases (new provision)

    • Subsection B (renumbering in the text as presented) adds a mandatory requirement: upon conviction for a homicide in which a firearm was used, the court shall order the firearm forfeited and destroyed or otherwise disposed of in accordance with federal and state law.
    • Timing: The firearm may be disposed of only after the conclusion of the defendant’s direct appeal and first post-conviction relief proceedings, or after the time for initiating those avenues has expired, or with the prosecutor’s agreement in the case.
    • This creates a stricter disposal regime specifically for firearms used in homicide, limiting interim dispositions and tying the destruction to appellate timelines or prosecutorial agreement.

  • Additional forfeiture provisions (existing provisions retained)

    • Subsection C (as renumbered) clarifies that for certain other offenses (e.g., violations of specific sections related to weapons or dangerous instruments), the court may order the forfeiture of the deadly weapon or dangerous instrument involved in the offense.

  • Incompetency-related forfeiture (procedural safeguard)

    • Subsection D ensures that if a court determines a defendant is incompetent under Rule 11, any deadly weapon, dangerous instrument, or explosive used or possessed during the offense must be forfeited and disposed of within one year after forfeiture, consistent with the general disposal framework described above.

who would be affected

  • Defendants convicted of felonies involving weapons, explosives, or dangerous instruments where those items were used or possessed.
  • Defendants convicted of homicide involving a firearm would face mandatory forfeiture and destruction of the firearm, with disposal timing linked to appellate or post-conviction relief timelines.
  • Law enforcement and courts: responsible for applying the forfeiture and disposal provisions, including timing and compliance with federal/state laws.
  • Weapon disposal businesses: potential buyers of forfeited items (for non-homicide cases, consistent with current law) but not applicable to firearms in homicide cases, which must be destroyed or disposed of per the bill.

Procedural and timeline aspects

  • For most felonies involving weapons, forfeited items can be sold to authorized disposal businesses within one year, then sold to the public if lawful.
  • For homicide cases involving a firearm, the firearm must be forfeited and destroyed or disposed of under law, and disposal occurs only after:
    • Completion of the defendant’s direct appeal, and first post-conviction relief, or
    • Expiration of the window to initiate direct appeal/first post-conviction relief, or
    • With the prosecuting attorney’s agreement.
  • Incompetency proceedings (Rule 11) trigger immediate forfeit and disposal requirements consistent with the general framework, within one year after forfeiture.

Potential impact and considerations

  • Public safety and deterrence: By mandating destruction of firearms used in homicides, the bill aims to prevent resale or future use of those firearms.
  • Judicial process: The disposal timing alignment with appellate/post-conviction timelines affects when forfeited firearms are removed from circulation.
  • Market implications: For non-homicide weapon forfeitures, the current pathway to sell to disposal businesses and, potentially, the public remains, subject to federal/state restrictions.
  • Consistency with existing law: The bill largely operates within the existing forfeiture framework, adding a specialized, mandatory destruction provision for homicide firearms.

Legislature history and sponsors

  • Action history:
    • Prefiled on 2025-12-16
    • Senate First Reading on 2026-06-12
  • Sponsor: Primary sponsor not listed; co-sponsor: John Kavanagh

Note: This summary focuses on the substantive provisions and likely practical implications based on the bill text. For a complete understanding, readers should consult the official bill language, fiscal notes, and committee analyses as available.

Compiled from official sources — confirm details with the bill’s official record.

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