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