Thanks very much for your responses and the information, Bart. Can you advise of the authority for your statement that there is no choice — the firearms must be disposed of by auction or consignment? I’m not finding any law that says that. Sent from my iPhone > On Nov 12, 2020, at 9:36 AM, Bart Bouse <bartbouse@bouselaw.com> wrote: > >  > I forgot to mention that firearms are not registered except in a couple states. I don’t believe the FBI will trace them for you without a specific reason and case i.e. proof they were used in a serious crime. It is very labor intensive and costs, sometimes, thousands of dollars to trace a single gun. So, that’s not an option for you. Smith Realty & Auction in Woodward, OK has an FFL and will sell at consignment auction. They do the background check for you when it’s sold. I’m sure there are others around the state. You need an order from the District Court to sell them. > > <A3B8E702589246ACBF3D565B139447AE.png> > > This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.com or 580-256-1285 and then delete it. > > > From: Bart Bouse > Sent: Thursday, November 12, 2020 9:18 AM > To: Kimberlee Spady > Subject: RE: [Oama] PD Disposition of Firearms > > Hypothetically, it is a real problem if a PD can’t tell you where they came from. Sounds like a real evidence problem if defendants found out. Sounds like your City needs a real overhaul of it’s evidence locker and how it is maintained. Issues like this have caused a City I know of some very serious issues, i.e., drugs that were not maintained properly and could not be tied to a particular case, then disappeared and made it on the streets. Next, you have to dispose of it by auction or consignment auction, no choice. > > > > This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.com or 580-256-1285 and then delete it. > > > From: Kimberlee Spady > Sent: Thursday, November 12, 2020 1:48 AM > To: oama@lists.imla.org > Subject: [Oama] PD Disposition of Firearms > > Would you all give me your thoughts on a hypothetical situation? > > Police Department has a number of firearms in the evidence locker that have accumulated over many years and numerous police chiefs. Chief says there are no records or case files available. > > Chief wants to dispose of these by transferring to a firearms dealer in exchange for future credit for the PD. > > 11 OS 34-104(F) applies to firearms and says “By order of the trial court, any property filed as an exhibit or held by the municipality shall be destroyed or sold or disposed of pursuant to the conditions prescribed in the order.” > > I thought we would need to file an application in the District Court and obtain an order. Chief says he tried that and judge told him this is a matter to present to the municipal judge. Municipal judge is willing to sign off on order for disposition. > > On its face, this provision doesn’t require any investigation, publication, or notice to record/potential owners. Given that these are firearms with serial numbers, I’m concerned that we need to at least determine the name of the registered owner. On the other hand, we have no record of anyone coming back to ask for the firearms to be returned. > > There hasn’t been any effort to determine whether the credit at the dealer reflects the actual value of the firearms. The property might fetch more via auction or consignment. I note that other municipalities (OKC and Enid, for example) dispose of firearms in this way. > > I’ve looked at all of the other disposition of property provisions in Title 21 and 22 and don’t find anything that helps with interpretation and application. > > I wouldn’t want to make this harder than it has to be for the PD to get rid of this property. > > I’d appreciate your sharing your thoughts/experience. > > Thank you, > Kim Spady > > > > > > > > > Virus-free. www.avg.com > > > > <A3B8E702589246ACBF3D565B139447AE.png>

I always file an application with the district court, whether fire arms or other personal property recovered but unclaimed. I give personal notice to all persons known to have an interest and also publication notice, before having a hearing wherein the Judge awards ownership to the city. City can then make arrangements with a licensed dealer to exchange the firearms that are not useful to the city. My cities do not want to be involved in sales of firearms to the public. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Oama <oama-bounces@lists.imla.org> On Behalf Of Kimberlee Spady Sent: Thursday, November 12, 2020 9:52 AM To: Bart Bouse <bartbouse@bouselaw.com>; OAMA luistserv <OAMA@lists.imla.org> Subject: Re: [Oama] PD Disposition of Firearms Thanks very much for your responses and the information, Bart. Can you advise of the authority for your statement that there is no choice — the firearms must be disposed of by auction or consignment? I’m not finding any law that says that. Sent from my iPhone On Nov 12, 2020, at 9:36 AM, Bart Bouse <bartbouse@bouselaw.com<mailto:bartbouse@bouselaw.com>> wrote:  I forgot to mention that firearms are not registered except in a couple states. I don’t believe the FBI will trace them for you without a specific reason and case i.e. proof they were used in a serious crime. It is very labor intensive and costs, sometimes, thousands of dollars to trace a single gun. So, that’s not an option for you. Smith Realty & Auction in Woodward, OK has an FFL and will sell at consignment auction. They do the background check for you when it’s sold. I’m sure there are others around the state. You need an order from the District Court to sell them. <A3B8E702589246ACBF3D565B139447AE.png> This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.com<mailto:bartbouse@bouselaw.com> or 580-256-1285 and then delete it. From: Bart Bouse<mailto:bartbouse@bouselaw.com> Sent: Thursday, November 12, 2020 9:18 AM To: Kimberlee Spady<mailto:Kim@spadylaw.com> Subject: RE: [Oama] PD Disposition of Firearms Hypothetically, it is a real problem if a PD can’t tell you where they came from. Sounds like a real evidence problem if defendants found out. Sounds like your City needs a real overhaul of it’s evidence locker and how it is maintained. Issues like this have caused a City I know of some very serious issues, i.e., drugs that were not maintained properly and could not be tied to a particular case, then disappeared and made it on the streets. Next, you have to dispose of it by auction or consignment auction, no choice. [cid:image003.png@01D6B8D4.B29F2500] This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.com<mailto:bartbouse@bouselaw.com> or 580-256-1285 and then delete it. From: Kimberlee Spady<mailto:Kim@spadylaw.com> Sent: Thursday, November 12, 2020 1:48 AM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] PD Disposition of Firearms Would you all give me your thoughts on a hypothetical situation? Police Department has a number of firearms in the evidence locker that have accumulated over many years and numerous police chiefs. Chief says there are no records or case files available. Chief wants to dispose of these by transferring to a firearms dealer in exchange for future credit for the PD. 11 OS 34-104(F) applies to firearms and says “By order of the trial court, any property filed as an exhibit or held by the municipality shall be destroyed or sold or disposed of pursuant to the conditions prescribed in the order.” 1. I thought we would need to file an application in the District Court and obtain an order. Chief says he tried that and judge told him this is a matter to present to the municipal judge. Municipal judge is willing to sign off on order for disposition. 1. On its face, this provision doesn’t require any investigation, publication, or notice to record/potential owners. Given that these are firearms with serial numbers, I’m concerned that we need to at least determine the name of the registered owner. On the other hand, we have no record of anyone coming back to ask for the firearms to be returned. 1. There hasn’t been any effort to determine whether the credit at the dealer reflects the actual value of the firearms. The property might fetch more via auction or consignment. I note that other municipalities (OKC and Enid, for example) dispose of firearms in this way. I’ve looked at all of the other disposition of property provisions in Title 21 and 22 and don’t find anything that helps with interpretation and application. I wouldn’t want to make this harder than it has to be for the PD to get rid of this property. I’d appreciate your sharing your thoughts/experience. Thank you, Kim Spady [https://ipmcdn.avast.com/images/icons/icon-envelope-tick-green-avg-v1.png]<http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient> Virus-free. www.avg.com<http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient> <A3B8E702589246ACBF3D565B139447AE.png>