Arizona Association For Property and Evidence June 3rd, 2015

Today’s Agenda
• New gun laws
• Gun disposals
• Gun sales
• Guns and the mentally defective
• NIBIN
13-3102.a.4 - Prohibited
Possessor
• Convicted felon
• Court ordered mental disability
• Illegal Alien
• Juvenile’s adjudicated delinquent
• Convicted of domestic violence
Possessing a deadly weapon or
prohibited weapon if such
person is a prohibited
possessor
Knives- If they are designed for lethal use, a
felon CANNOT possess one
Mentally Defective
If a person has been found, as a result of a mental disorder, to constitute a
danger to self or others or to have a persistent or acute disability or a grave
disability and the court enters an order for treatment pursuant to subsection A
of this section, the court shall transmit the person's name, sex, date of birth,
social security number, if available, and date of the order for treatment to the
supreme court. The supreme court shall transmit the information to the
department of public safety to comply with the requirements of title 13,
chapter 31 and title 32, chapter 26. The department of public safety shall
transmit the information to the national instant criminal background check
system. The superior court may access the information of a person who is
ordered into treatment to enforce or facilitate a treatment order.
On request, the clerk of the court shall provide certified copies of the
commitment order to a law enforcement or prosecuting agency that is
investigating or prosecuting a prohibited possessor as defined in section 133101.
• Triple I
•
Look for prior deportations
Check with your local detective for ICE
agent contact
TRIPLE I RESPONSE
Who, within or without this state, has been adjudicated
delinquent for a felony and whose civil right to possess or
carry a gun or firearm has not been restored
****Must have remained any felony****
Check triple I for out of state
Check your counties JCC for information
Who is at the time of possession serving a term of
probation pursuant to a conviction for a domestic
violence offense as defined in section 13-3601 (DV
statutes)
Check AZ Supreme court website
Check your City court records
Once the defendant is OFF city probation he is no longer prohibited
according to STATE law but still IS according to FEDERAL law
13-3105
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.
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
• Run the gun again through NCIC
• Is it a stolen gun
• As a result of a late report
• Has it been removed from NCIC if it was a recovered
stolen gun
• Background checks on person picking up the gun
• Variety of resources
• Third party releases
• Bill of sale
• Notarized statements
• Signed waiver
Before releasing any gun, verify the
make and serial number
• Triple I
• AZ supreme court
•
https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?
AspxAutoDetectCookieSupport=1
• AZ DOC
•
https://corrections.az.gov/public-resources/inmate-datasearch
• Superior court websites
•
Google search for particular county
• JCC
•
Maricopa County 602-506-4285
• Rachel Robles
•
602-372-1553
CLICK HERE
Click Here
http://www.sc.pima.gov
ENTER NAME
OR
CASE NUMBER
Look for CR numbers
Those are criminal cases
Click on CR number
Final Disposition
“ Sell/Dang Drugs
F2
11/1/2013
Guilty”
Click on CR Number
602-506-7648
Juvenile Profile from
JCC
Possibly an educational problem
GOOD!!!!
Defendant shall forfeit
all interest in the
weapons seized.
BAD!!!!
Disposition sheet from
the County Attorney
Tracing Center Video
Test Fires
Guns
Scene casings
Questions/Discussions
Darrell Smith
darrell.smith@atf.gov
darrell.smith@phoenix.gov
602-776-5463