§ 4-4-5 Firearms; Petition for return.
(A) Firearms will be returned to the owner as provided by (e.g., A.R.S. § 13-3601) and this article, except as follows:
(1) When the firearm is illegal, as provided by federal or state law;
(2) When the return of the firearm is prohibited or forfeited by federal or state law or court order;
(3) When the owner has known criminal charges pending which involve a felony, domestic violence, or misconduct involving weapons in any jurisdiction;
(4) When the weapon must be retained for evidentiary purposes, regardless of the nature of the proceeding;
(5) When the owner is a prohibited possessor pursuant to law; or
(6) When release of the firearm to the owner is otherwise precluded by this article, state or federal law (e.g., 18 U.S.C. § 922); or
(7) When the Goodyear Property and Evidence Supervisor questions the appropriateness of the return. In such cases, the Goodyear Property and Evidence Supervisor shall in no less than five working days from the denial of the request for release file a petition with the court as provided in Section 4-4-4 above.
(B) When a weapon is seized by the Police Department pursuant to an investigation of a felony, domestic violence or misconduct involving weapons, the Police Department shall not release the weapon to a third party who claims to have had ownership of the weapon transferred to that third party by the owner since the seizure of the weapon.
(C) A person, other than the person from whom a weapon was seized, who claims ownership of the weapon must present documentary proof of ownership to the Police Department Property Custodian before the weapon will be released to that person.
(D) When the Police Department declines to return a weapon to any person for any reason identified in subsection (A) of this section, the City or claimant requesting the return of the property may file a petition with the City Municipal Court and request that a hearing be conducted to determine ownership or appropriate release of the property, setting forth the following:
(1) Claimant’s name and address;
(2) Description of the weapon, including manufacturer, model and serial number;
(3) Date the weapon was seized by the Police Department and the Department report number, if known;
(4) Date claimant became the owner of the weapon. Claimant must attach documentary evidence of their ownership;
(5) A brief statement explaining why the claimant believes the weapon should legally be returned to them;
(6) A statement that the claimant is not a prohibited possessor under state or federal law and has no pending criminal charges or domestic violence actions in any state where the claimant is a defendant; and
(7) The petition must be verified.
(E) All parties shall be given notice by the court of the hearing date by first class mail postage prepaid. Service to claimants shall be considered complete upon mailing to the address provided by the claimant in the petition or as provided to the Goodyear Police Department Property and Evidence Custodian.
(F) The hearing and related procedures shall be conducted by the City Municipal Court as provided in Section 4-4-4.
(G) Prior to receiving possession of the subject property, the prevailing claimant shall be required to provide a copy of the decision and appropriate identification to the Police Department Property and Evidence Custodian, and may be required to pay all costs of publication, if any.
(H) Any property not claimed by the prevailing party within 30 days from the date the court issued its decision shall become the property of the City, without the necessity of additional notice or further court proceedings.
(I) Firearms will be returned to the prevailing claimant only after first being dismantled by the Police Department in a manner which will not preclude reassembly. If ammunition is to be returned, the Police Department reserves the option of returning the ammunition on a day different from which the firearm is returned. (Ord. 10-1212, passed 4-26-10; Am. Ord. 13-1280, passed 1-14-2013)