House File 519 - Introduced HOUSE FILE 519 BY WINDSCHITL A BILL FOR An Act relating to the disposition of firearms and ammunition 1 deposited with the department of public safety through 2 seizure or forfeiture proceedings. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1990YH (3) 91 sb/js

H.F. 519 Section 1. Section 809.5, subsection 1, paragraph f, 1 subparagraph (3), Code 2025, is amended to read as follows: 2 (3) (a) Notwithstanding subparagraphs (1) and (2), 3 firearms or ammunition shall be deposited with the department 4 of public safety. The Subject to the provisions of this 5 subparagraph, the firearms or ammunition may be held by the 6 department of public safety and be used for law enforcement, 7 testing, or comparisons by the criminalistics laboratory , or 8 may . Firearms and ammunition not retained by the department 9 for such uses that are not illegal and are not offensive 10 weapons as defined by section 724.1 shall be destroyed or 11 disposed of by the department of public safety in accordance 12 with section 809.21 . 13 (b) The department shall give priority to making the 14 firearms and ammunition available at public auction, unless 15 a firearm or ammunition has such distinctive or unique 16 characteristics so as to make it an important addition to the 17 department’s weapons archive. 18 (c) The department shall not dispose of firearms or 19 ammunition to an agency of any other state or the federal 20 government, except in exchange for firearms needed by the 21 department for the uses listed in subparagraph division (a), 22 or in extraordinary circumstances that shall be individually 23 approved and recorded by the commissioner. 24 (d) Firearms and ammunition may be destroyed by or at the 25 direction of the department only if the firearm or ammunition 26 fails to sell at public auction or, in the case of ammunition, 27 if the ammunition is determined to be damaged or otherwise 28 unsafe for use. 29 (e) Notwithstanding any other provision in this 30 subparagraph, any weapon or ammunition that is illegal or 31 is an offensive weapon as defined by section 724.1 and is 32 not retained by the department for the uses described in 33 subparagraph division (a) or (c) may be destroyed. 34 Sec. 2. Section 809.21, Code 2025, is amended to read as 35 -1- LSB 1990YH (3) 91 sb/js 1/ 4

H.F. 519 follows: 1 809.21 Sale of certain ammunition and firearms. 2 Ammunition and firearms which that are not illegal and 3 which , that are not offensive weapons as defined by section 4 724.1 may , and that have not been retained for use by the 5 department of public safety in accordance with section 809.5, 6 subsection 3, paragraph “f” , subparagraph (3), shall be 7 sold by the department of public safety at public auction. 8 The department of public safety may sell at public auction 9 forfeited legal weapons received from the director of the 10 department of natural resources, except that rifles and 11 shotguns shall be retained by the department of natural 12 resources for disposal according to its rules. The sale of 13 ammunition or firearms pursuant to this section shall be made 14 only to federally licensed firearms dealers or to persons who 15 have a permit to purchase the firearms. Persons who have not 16 obtained a permit may bid on firearms at the public auction. 17 However, persons who bid without a permit must post a fifty 18 percent of purchase price deposit with the commissioner of 19 public safety on any winning bid. No transfer of firearms may 20 be made to a person bidding without a permit until such time as 21 the person has obtained a permit. If the person is unable to 22 produce a permit within two weeks from the date of the auction, 23 the person shall forfeit the fifty percent deposit to the 24 department of public safety. All proceeds of a public auction 25 pursuant to this section , less department expenses reasonably 26 incurred, shall be deposited in the general fund of the state. 27 The department of public safety shall be reimbursed from the 28 proceeds for the reasonable expenses incurred in selling the 29 property at the auction. 30 Sec. 3. Section 809A.17, subsection 5, paragraph b, Code 31 2025, is amended to read as follows: 32 b. (1) Forfeited property which that is a weapon or 33 ammunition shall be deposited with the department of public 34 safety to be disposed of in accordance with the rules of 35 -2- LSB 1990YH (3) 91 sb/js 2/ 4

H.F. 519 the department. All Subject to the provisions of this 1 paragraph, all weapons or ammunition may be held for use in 2 law enforcement, testing, or comparison by the criminalistics 3 laboratory , or destroyed . Ammunition and firearms which that 4 are not retained by the department for such uses, are not 5 illegal , and are not offensive weapons as defined by section 6 724.1 may shall be sold by the department as provided in 7 section 809.21 . 8 (2) The department shall give priority to making the 9 firearms and ammunition available at public auction, unless 10 a firearm or ammunition has such distinctive or unique 11 characteristics so as to make it an important addition to the 12 department’s weapons archive. 13 (3) The department shall not dispose of firearms or 14 ammunition to an agency of any other state or the federal 15 government, except in exchange for firearms needed by the 16 department for the uses listed in subparagraph (1), or in 17 extraordinary circumstances that shall be individually approved 18 and recorded by the commissioner. 19 (4) Firearms and ammunition may be destroyed by or at the 20 direction of the department only if the firearm or ammunition 21 fails to sell at public auction or, in the case of ammunition, 22 if the ammunition is determined to be damaged or otherwise 23 unsafe for use. 24 (5) Notwithstanding any other provision in this paragraph, 25 any weapon or ammunition that is illegal or is an offensive 26 weapon as defined by section 724.1 and is not retained by the 27 department for the uses described in subparagraph (1) or (3) 28 may be destroyed. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the disposition of firearms and 33 ammunition deposited with the department of public safety 34 (department) through seizure or forfeiture proceedings. 35 -3- LSB 1990YH (3) 91 sb/js 3/ 4

H.F. 519 Current law provides the department with specified options 1 on how to dispose of firearms or ammunition acquired through 2 seizure or forfeiture, including destruction of the firearm or 3 ammunition. 4 The bill requires the department to sell seized or forfeited 5 legal firearms and ammunition through public auction, unless 6 an exception applies. The exceptions include if the firearm 7 or ammunition may be otherwise used by the department, has 8 such distinctive or unique characteristics so as to make it 9 an important addition to the department’s weapons archive, or 10 is necessary for an exchange with a federal agency or agency 11 from another state for specified uses or due to extraordinary 12 circumstances, which shall be individually approved and 13 recorded by the commissioner. The bill also provides that a 14 firearm or ammunition may be destroyed only if it fails to sell 15 at public auction or is determined damaged or unsafe for use. 16 Certain disposition requirements do not apply to weapons or 17 ammunition that are illegal or offensive weapons. 18 -4- LSB 1990YH (3) 91 sb/js 4/ 4