Drafter
Clerk 07/25/2018
Title
AN ORDINANCE requiring the destruction of all forfeited firearms under the control of the sheriff's office; and amending Ordinance 10767, Sections 1 through 5, as amended, and K.C.C. 2.16.062.
Body
PREAMBLE:
Under state law, the superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm that is proven to be illegally obtained, used in the commission of crime or held by a person in the violation of a proper written order of a court of general jurisdiction, such as a domestic violence restraining order.
Further, the courts can order that these firearms are considered judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under state law and may be disposed of in any manner determined by the local legislative authority. State law allows that any proceeds of an auction or trade may be retained by the legislative authority.
Under RCW 9.41.098, a law enforcement agency is allowed to destroy forfeited firearms, but may retain a maximum of ten percent of legal forfeited firearms for agency use, including auctioning off or trading to private firearms dealers forfeited weapons in return for new weapons or revenue. Current county code allows the sheriff to: retain legally forfeited firearms solely for agency use; to trade, auction, or arrange for the auction of rifles and shotguns; trade-in surplus weapons and weapons of potential value to private law enforcement equipment dealers for the sole purpose of acquiring new handguns for duty use by commissioned members. Also, antique firearms are exempt from destruction and shall be disposed of by auction or trade to commercial sellers.
The sheriff's office reports that it currently destroys forfeited firearms and does not trade or auction any of these weapons.
The sheriff's office trades surplus firearms that are no longer suitable for use by commissioned officers for the purpose of upgrading to newer ...
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