SB305

By Senator Livingston

ENROLLED, An Act,

Relating to Jackson County; to amend Section 45-36-231.02, Code of Alabama 1975, to authorize the sheriff of the county under certain conditions to sell abandoned or stolen firearms to the highest bidder so long as the highest bidder may purchase firearms legally in the state.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 45-36-231.02, Code of Alabama 1975, is amended to read as follows:

§45-36-231.02.

"(a) The sheriff shall keep and maintain a permanent record of all abandoned or stolen firearms, not subject to disposition by general law. The records shall state the description of the firearm, the date of recovery of the firearm, and the serial or other identifying number, if any, of the firearm. Firearm as used in this subpart shall have the same meaning as defined in Section 13A-8-1.

"(b) Unless otherwise provided by law, the sheriff may sell or destroy these firearms if the owner of the firearm does not claim the firearm within six months of the date the sheriff obtained it.

"(c) The sheriff may sell the firearms only to gun dealers who have held an active business license in this state for at least one year immediately prior to the date of the sale. The sheriff shall establish a procedure to notify gun dealers of a sale. A firearm shall be sold to the gun dealer submitting the highest sealed bid. All sales shall be on a cash basis. to the highest bidder as long as that person or business may purchase a firearm legally in the State of Alabama. The bidder shall be subject to a background check for any and all records that would prohibit the bidder from purchasing a firearm. If the bidder is legally prohibited from purchasing the firearm, the firearm shall be put up for auction at another time, and the bidder shall be refunded any money he or she placed on the bid. All sales shall be on a cash basis. The proceeds of the sale, after deducting and paying all expenses incurred in the recovery, maintenance, and sale of the firearms shall be paid to the office of the Sheriff of Jackson County to be used for law enforcement purposes.

"(d) The sheriff may establish a procedure to destroy firearms and may expend necessary sheriff's office funds for that purpose.

"(e) Any firearm held by the sheriff on August 1, 2012, shall be subject to this section, but shall be held for at least six months after August 1, 2012."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Jackson County

Firearms

Sheriffs

Counties

Code Amended