Chapter 9.17
DISPOSAL OF FORFEITED FIREARMS
Sections:
9.17.020 Disposal of forfeited firearms.
9.17.010 Purpose.
The purpose of this chapter is to provide for the disposal of certain firearms that may come into the possession of the Bonney Lake police department in accordance with and pursuant to Chapter 9.41 RCW (adopted by reference). (Ord. 1487 § 1, 2014).
9.17.020 Disposal of forfeited firearms.
A. Except as provided in subsections B and C of this section, firearms that are:
1. Judicially forfeited and no longer needed for evidence; or
2. Forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010 (hereby adopted by reference), or BLMC 2.70.110, may be retained or disposed of by the Bonney Lake police department, per the direction of the mayor or city administrator, as follows:
a. Retained for departmental use, except that the department shall retain no more than 10 percent of legal forfeited firearms in accordance with RCW 9.41.098(2)(b),
b. Traded to licensed dealers,
c. Auctioned to licensed dealers, or
d. Destroyed.
B. Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol, Tobacco and Firearms are exempt from destruction and shall be disposed of by auction or trade licensed dealers.
C. All firearms that are unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession, or under control, shall be destroyed; provided, however, if such firearms may be rendered lawful by removal or alteration of components, the police department may, in its discretion, remove or alter components and thereafter dispose of such firearms in accordance with subsection A of this section.
D. Any proceeds received from the trade or auction of firearms shall be budgeted and appropriated for use by the police department for law enforcement purposes.
E. A firearm confiscated in compliance with subsection A of this section shall not be surrendered, except:
1. To the prosecuting attorney for use in subsequent legal proceedings;
2. For disposition according to an order of a court having jurisdiction;
3. To the owner if a court orders the firearm returned upon a showing there is no probable cause to believe he or she illegally possessed the firearm, or the firearm was stolen from the owner, or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture, pursuant to RCW 9.41.098(d)(3). (Ord. 1487 § 1, 2014).