HomeMy WebLinkAboutOrd 1668 - Disposal of Forfeited and Surplus Firearms ILA
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Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REGULATING THE
DISPOSAL OF FORFEITED AND SURPLUS FIREARMS
UNDER THE CONTROL OF THE TUKWILA POLICE
DEPARTMENT AND CREATING A NEW CHAPTER 8.11
OF THE TUKWILA MUNICIPAL CODE ENTITLED
"DISPOSAL OF FORFEITED AND SURPLUS FIREARMS."
WHEREAS, the 1993 session of the Washington State Legislature created new law
under the Revised Code of Washington (RCW) 9.41.098 permitting local discretion in the
disposal of seized and forfeited firearms, and
WHEREAS, the City Council of the City of Tukwila desires to minimize the
proliferation of firearms used in the commission of crime or potentially subject to violent or
criminal misconduct, and
WHEREAS, the City Council of the City of Tukwila chooses to exercise that discretion
by directing the Tukwila Police Department to demolish all forfeited and surplus firearms not
meeting an exemption as stated in this ordinance, and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Disnosal of Forfeited and Sumlus Firearms. A new Chapter 8.11 entitled
"Disposal of Forfeited and Surplus Firearms" is hereby added to the Tukwila Municipal Code to
read as follows:
8.11.010 Disnosal of Forfeited and Sumlus Firearms Annlicable Weanons.
A. All illegal firearms as defined by RCW or the Federal Bureau of Alcohol, Tobacco, and
Firearms (ATF) regulations, and "short firearms" (handguns) within the inventory of the
Tukwila Police Department up to midnight June 30, 1993 and all rifles, shotguns and
short firearms that come into the possession of the Tukwila Police Department after June
30, 1993 that are judicially forfeited under RCW 9.41.098, no longer needed for
evidence, or forfeited due to a failure to make a claim under RCW 63.32.010 or
63.40.010, or any surplus firearm from the inventory of Tukwila Police Department
Service weapons, shall be disposed of by the Tukwila Police Department in the manner
set forth in this chapter.
B. Any "short firearm" (handgun) in the inventory of the Tukwila Police Department up to
midnight June 30, 1993, destroyed by the City of Tukwila shall cause the City to pay a
sum of twenty -five dollars ($25.00) per handgun to the Treasurer of the State of
Washington.
C. All legal rifles, shotguns, and antique or relic weapons as described in section 8.11.040
of this chapter in the inventory of the Tukwila Police Department up to midnight June
30, 1993 shall be disposed of through trade and/or auction by commercial sellers.
8.11.020 Retention of Firearms for Department Use.
A. Any firearm seized after June 30, 1993, having been adjudicated as forfeited to the
Tukwila Police Department or forfeited due to a failure to make a claim under applicable
state law, that is no longer needed for evidence, that is determined to be of functional
value to the Police Service of the City of Tukwila may be retained for department use.
At no time shall the annual number of department retained firearms exceed 10% of the
total number of firearms forfeited to the department in any calendar year.
B. Any firearm declared surplus from the inventory of Tukwila Police Department service
weapons shall be destroyed in the manner set out in this chapter under 8.11.030.
8.11.030 Destruction of Forfeited Firearms.
All illegal firearms, all "short firearms" (handguns) in inventory of the Tukwila Police
Department up to midnight June 30, 1993, all firearms legally forfeited to the Tukwila
Police Department after June 30, 1993, no longer needed for evidence, and all firearms
declared surplus from the inventory of weapons in service by the Tukwila Police
Department, with the exception of Exempted firearms as set out in TMC 8.11.040 shall
be destroyed, by appropriate means available, under the direction of the Police
Department Evidence Person.
8.11.040 Legislative Exemntion for the Destruction of Certain Firearms.
A. No antique firearm as defined by RCW 9.41.150, or firearm designated a curio, relic, or
firearm of particular historical significance as described in the published regulations of
the Bureau of Alcohol, Tobacco, and Firearms (ATF) may be destroyed.
1. Any antique or relic firearm meeting the definition of this section may be retained
by the department.
Section 2. Severabilitv. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance shall take effect and be in full force five (5)
days after publication of the attached summary which is hereby approved.
PASSED BY THE CITY COUN IL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 1 day of i1) 1993.
ATTEST /AUTHENTICATED:
J E. Cantu, City Clerk
APPROVED AS TO FORM:
a. All other firearms meeting the definition of this section shall be traded to
commercial sellers for equal value applicable police supplies /equipment or
auctioned to commercial sellers.
b. Any proceeds received from the trade or auction of firearms under this
chapter shall be utilized in the furtherance of the Police Mission.
Office of the City Attorney
FILED WITH THE CITY CLERK: �J— J 1 3
PASSED BY THE CITY COUNCIL: y 7 y3
PUBLISHED• Y- 22- 9
EFFECTIVE DATE: y- I_ 93
ORDINANCE NO.: 6 6 2
\L/
John )W. Rants, Mayor
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REGULATING THE DISPOSAL
OF FORFEITED AND SURPLUS FIREARMS UNDER THE
CONTROL OF THE TUKWILA POLICE DEPARTMENT AND
CREATING A NEW CHAPTER 8.11 OF THE TUKWILA
MUNICIPAL CODE ENTITLED 'DISPOSAL OF FORFEITED
AND SURPLUS FIREARMS."
On :K'1 t 7, /9--the City Council of the City of Tukwila passed Ordinance
/1 No. 6; creating a new Chapter 8.11 of the Tukwila Municipal Code regulating the
disposal of forfeited and surplus firearms under the control of the Tukwila Police Department;
providing for severability, and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times 9- .7.7.2 -y3
l`
e E. Cantu, City Clerk