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PD Disposition of Firearms

KS
Kimberlee Spady
Thu, Nov 12, 2020 7:48 AM

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.

  2. 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.

  3. 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

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. 2. 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. 3. 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