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Panel approves bill letting law enforcement trade forfeited firearms for dealer credit, amid auction and restitution questions

JUDICIARY COMMITTEE - SENATE · February 27, 2019
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Summary

SB403 would allow law-enforcement agencies to trade forfeited or confiscated firearms to a federally licensed firearms dealer for credit toward future purchases rather than mandating destruction. The committee approved the measure after detailed questions about public auctions, victim restitution and the meaning of "dispose as appropriate."

Senate Bill 403, presented by Senator Urban, authorizes law-enforcement agencies to trade forfeited or confiscated firearms to a federally licensed firearms dealer for credit toward future purchases. Sponsor and counsel said the change is intended as a cost-saving measure so agencies do not have to destroy firearms that retain value.

Committee members raised concerns about how the bill would interact with existing practices — in some counties, forfeited firearms are sold at public auction and the proceeds are used to pay restitution or other costs. Senator Ballinger and others asked whether SB403 would prohibit public sales that return cash to victims. Senator Urban and an attorney (Jeff Welcome) said public auctions conducted through a federally licensed dealer would still be possible, and transfers would require an FFL regardless of sale method. Sponsor also said current law mandates destruction unless agencies go through a court process for public sale; SB403 was drafted to preserve court-ordered sales while permitting trade-ins when appropriate.

Members sought clearer wording about when an agency may "dispose of the firearm as it deems appropriate"; several asked the sponsor to refine language so disposal is limited to firearms with no value rather than giving open discretion. Sponsor said he would work with the Bureau of Legislative Research and is willing to consider tweaks but supported moving the bill forward. The committee adopted the amendment package and passed SB403 by voice vote.

Outcome: SB403 passed committee; sponsor agreed to address drafting clarifications before floor consideration.