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A.R.S. § 13-3105: Weapon Forfeiture

Forfeiture of weapons and explosives

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Can Arizona courts seize weapons used in a felony?

In Arizona, 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 order the item forfeited and sold within one year to a business authorized to resell it to the public, or destroyed if it cannot legally be sold. The court may also order forfeiture of a weapon involved in certain disorderly conduct or weapons misconduct convictions, and must order forfeiture and sale if a defendant charged with a Title 13 offense is found incompetent.

Full statute text

Official text last checked against azleg.gov:

13-3105. Forfeiture of weapons and explosives

A. On the conviction of any person for a violation of any felony in this state in which a deadly weapon, dangerous instrument or explosive was used, displayed or unlawfully possessed by the person, the court shall order the article forfeited and sold within one year after its forfeiture to any business that is authorized to receive and dispose of the article under federal and state law and that shall sell the article to the public according to federal and state law, unless the article is otherwise prohibited from being sold under federal and state law, in which case it shall be destroyed or otherwise properly disposed.

B. On the conviction of any person for a violation of section 13-2904, subsection A, paragraph 6 or section 13-3102, subsection A, paragraph 1 or 8, the court may order the forfeiture of the deadly weapon or dangerous instrument involved in the offense.

C. If at any time the court finds pursuant to rule 11 of the Arizona rules of criminal procedure that a person who is charged with a violation of this title is incompetent, the court shall order that any deadly weapon, dangerous instrument or explosive used, displayed or unlawfully possessed by the person during the commission of the alleged offense be forfeited and sold within one year after its forfeiture to any business that is authorized to receive and dispose of the article under federal and state law and that shall sell the article to the public according to federal and state law, unless the article is otherwise prohibited from being sold under federal and state law, in which case it shall be destroyed or otherwise properly disposed.

Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.

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