HomeMy WebLinkAbout020 97
COUNTY OF JEFFERSON
STATE OF WASHINGTON
A RESOLUTION Authorizing the)
Sheriff To Trade In Certain)
Unclaimed and/or Seized)
Firearms for New Weapons and/ )
or Equipment to Further)
Shooting Range Training or )
Outfitting of Needed Shooting)
Equipment. )
RESOLUTION
NO. 20-97
WHEREAS, State of Washington Law 9.41.098 RCW
Forfeiture of Firearms - Disposition - Confiscation. (a)
through (d). directs that all firearms having been
judicially seized, forfeited or unclaimed or pursuant to
63.32.010 RCW or 63.40.010 RCW, in possession of a law
enforcement agency shall be inventoried and a certified list
forwarded to the state treasurer stating retained,
destroyed, auctioned or traded off. All proceeds are to be
forwarded to the state treasurer and deposited into the
Firearms Range Account as established in 77.12.720 RCW. Ten
percent (10%) of the subject firearms may be retained by the
seizing agency for it's own use, and
WHEREAS, every firearm subject to this statute and
classified as a "short firearm" (handgun) which is destroyed
and neither auctioned off or traded, then the law
enforcement agency will pay a fee of Twenty Five ($25.00) to
the state treasurer for every short firearm so handled to a
maximum of $50,000.00
WHEREAS, 9. 41. 098 RCW (2) (a) permits local
legislative authority (BOCC) to dispose of said firearms
obtained after June 30, 1993 in any manner as it deems
proper, and, all proceeds of any auction or trade of said
firearms, can be retained by the legislative authority
provided it comply's with subsection (2)(b) (i) (ii) of
9.41.098 RCW, and
WHEREAS, certain of these aforementioned firearms
have significant value and worth to Jefferson County, if
available to be offered as trade for needed law enforcement
equipment, and as destruction of such firearms places a dual
financial impact on Jefferson County and it's taxpayers in
that Jefferson County must pay the state fee for each
firearm that is destroyed, and Jefferson County loses the
financial value that such firearms may provide in trade-in
for new law enforcement equipment, and, such financial
impacts further strain the financial resources of Jefferson
County,
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Jefferson County, Washington, that the
Sheriff of Jefferson County,
A. Except as provided in subsections Band C of this
section, all firearms that come into possession of (law
enforcement) after June 30, 1993 that are judicially
forfeited under 9.41.098 RCW and no longer needed for
evidence, or forfeited due to a failure to make a claim
under 63.32.010 or 63.40.010 RCW, may be disposed of by (the
law enforcement agency) in it's discretion as follows:
( 1)
(2 )
( 3 )
Retained for agency use
Traded to commercial sellers
Auctioned to commercial sellers
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'-.
.
(4 )
Destroyed
B. Destroyed. B. All firearms that are "antiques" as
defined by 9.41.150 RCW, or recognized as curios, relics,
and firearms of particular historical significance by the
Bureau of Alcohol, Tobacco and Firearms (or any successor
agency) shall not be retained for agency use or destroyed.
C. All firearms that are illegal to possess, as
defined in subsection D, shall be destroyed, and shall not
be retained, traded or auctioned. If firearms otherwise
illegal to possess may be rendered legal to possess by
removal or alteration of component parts, (the law
enforcement agency) may, in its discretion, effect such
removal or alteration, and may thereafter dispose of the
firearm under subsection A of this section.
D. "Firearms that are illegal to possess" means
firearms that are illegal to possess as a private citizen
under state or federal law.
e. Any proceeds from the trade or auction of
shall be used by (the law enfor;;~f]/~m nt agency~...
APPROVED AND SIGNED this ~ day of ~~
1997.
firearms
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VOL
23 rAr,~ 1.39