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Home My WebLink AboutPS 2017-02-06 Item 2B - Ordinance - Destruction of Forfeited FirearmsCity of Tukwila Allan Ekberg, Mayor TO: Public Safety Committee FROM: Mike Villa, Chief of Police BY: Officer Larry Hann, City Attorney Ann Marie Soto CC: Mayor Ekberg DATE: December 27, 2016 SUBJECT: An Amendment to Ordinance 1668 regarding Destruction of Forfeited Firearms ISSUE The Council is being asked to consider and approve amending ordinance 1668 as codified in Tukwila Municipal Code (TMC) section 8.11.030 "Destruction of Forfeited Firearms". BACKGROUND In 1993, the Washington State Legislature adopted RCW 9.41.098 authorizing local governments to dispose of seized and forfeited firearms in any manner as determined by local legislative authority. The Tukwila City Council subsequently adopted Ordinance 1668 providing for destruction of all seized and forfeited firearms declared surplus. DISCUSSION The amendment allows for used, out of warranty and unreliable or unserviceable firearms to be returned to the original manufacturer in trade for a new model that increases safety and reliability for the officer at a substantial savings to the department. The City Council would exercise its discretion by directing the Tukwila Police Department to dispose of all forfeited and surplus firearms not meeting an exemption by either destroying the firearm or trading the firearm to a licensed manufacturer through an authorized "buy back" program. FINANCIAL IMPACT While there are other firearms manufactures that have similar trade-in programs, the following example is from Glock Inc (currently the standard pistol issued by the Tukwila Police Department). Glock's current Law Enforcement Agency price for a new Generation 4 Glock model 22 is $414.00. If an older generation 2 or 3 model Glock 22 is traded back to Glock, the cost to the agency for the new generation four handguns drops from $414.00 to $164.00. RECOMMENDATION The Council is being asked to approve the amendment of Ordinance 1668 at the February 13, 2017 Committee of the Whole meeting and subsequent February 21, 2017 Regular meeting. ATTACHMENTS Proposed amendment to Ordinance 1668 Glock Inc trade-up program flyer 3 El L-21�1 Li- "N U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1668, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 8.11, "DISPOSAL OF FORFEITED AND SURPLUS FIREARMS"; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 8.11 TO AUTHORIZE DISPOSAL VIA MANUFACTURER "BUY BACK" PROGRAMS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1993 the Washington State Legislature adopted RCW 9.41.098 authorizing local governments to dispose of seized and forfeited firearms in any manner as determined by the local legislative authority; and WHEREAS, the City Council of the City of Tukwila subsequently adopted Ordinance No. 1668 providing for destruction of all seized and forfeited firearms declared surplus; and WHEREAS, destruction of firearms limits the City's ability to trade firearms for new firearms at a cost savings to the City; and WHEREAS, manufacturer "buy back" programs allow for used, out of warranty and unreliable firearms to be returned to the original manufacturer in exchange for new models that increase safety and reliability for officers at a substantial savings to the department; and WHEREAS, the City Council chooses to exercise its discretion by directing the Tukwila Police Department to dispose of all forfeited and surplus firearms not meeting an exemption by either destroying the firearm or selling the firearm to a licensed manufacturer through an authorized "buy back" program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 1668 is hereby repealed in its entirety. W: Word Processing\Ordinances\Disposal of Forfeited and Surplus Firearms 1-13-17 LH:bjs Page 1 of 4 Section 2. TMC Chapter 8.11 Reenacted. Tukwila Municipal Code (TMC) Chapter 8.11 is hereby reenacted to read as follows: CHAPTER 8.11 DISPOSAL OF FORFEITED AND SURPLUS FIREARMS Sections: 8.11.010 Applicable Weapons 8.11.020 Retention of Firearms for Department Use 8.11.030 DeStFUGti0n-Disposal of Forfeited Firearms 8.11.040 Legislative Exemption for the Destruction of Certain Firearms Section 3. TMC Section 8.11.010 is hereby reenacted to read as follows: 8.11.010 Applicable Weapons 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 $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 TMC Section 8.11.040 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. Section 4. TMC Section 8.11.020 is hereby reenacted to read as follows: 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. W: Word ProcessingkOrdinances\Disposal of Forfeited and Surplus Firearms 1-13-17 LH:bjs 0 Page 2 of 4 B. Any firearm declared surplus from the inventory of Tukwila Police Department service weapons shall be destroyed or disposed of in the manner set out in this chapter under TMC Section 8.11.030. Section 5. TIVIC Section 8.11.030 is hereby reenacted to read as follows: 8.11.030 Destruction-Disposal 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 TIVIC Section 8.11.040, shall be destroyed by appropriate means available or sold to a licensed firearm manufacturer who participates in an authorized "buy back" program, under the direction of the Chief of Police -Departrnent--E444e-Rc��. Section 6. TIVIC Section 8.11.040 is hereby reenacted to read as follows: 8.11.040 Legislative Exemption for the Destruction of Certain Firearms A. No antique firearm as defined by RCW 9.41.098, 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, may be destroyed. B. Any antique or relic firearm meeting the definition of this section may be retained by the Department. 1. 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. 2. Any proceeds received from the trade or auction of firearms under this chapter shall be utilized in the furtherance of the Police Mission. Section 7. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing\Ordinances\Disposal of Forfeited and Surplus Firearms 1-13-17 LH:bis Page 3 of 4 Section 9. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this _ day of 2017. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Pro cessing\Ord inancesklDisposa I of Forfeited and Surplus Firearms 1-13-17 LH:bjs F-F� Page 4 of 4 CK CLOCK, Inc. 015 POLICE AGE -U G O PERFECTION CLOCK, Inc. 6000 Highlands Parkway, Smyrna GA 30082 Ph 770 - 432 -1202 / Fx 770 - 319 -4785 "SWAP-A- CLOCK" trade -up offer for POLICE AGENCIES that issue older CLOCK Pistols TRADE -IN your OLD USED AGENCY -OWNED GLOCK PISTOLS and TRADE -UP to NEW GLOCKS with NIGHT- SIGHTS and NEW MAGAZINES for only $ 1 64. UU ea (OR LESS) with new Glock Night - Sights Price is Federal Excise Tax Exempt Prices are applicable on orders placed directly with GLOCK, Inc. - OR - with most Factory- Authorized GLOCK Law Enforcement Distributors TRADE -IN PURCHASE Number of PAY ONLY YOUR OLD 1ST, 2ND, or 3RD NEW GLOCK PISTOLS New THE AMOUNT SHOWN GENERATION GLOCK PISTOLS with NEW MAGAZINES and Magazines BELOW, PER PISTOL (MODELS as LISTED BELOW) NEW GLOCK NIGHT - SIGHTS INCLUDED Included (DIFFERENCE) Some 1986 -1988 "1st Generation" pistols without "checkering" on the front and rear back - straps may be worth slightly less in trade OFFER REQUIRES DEPT LETTERHEAD PURCHASE ORDER OR PURCHASE LETTER, & FEDERAL EXCISE TAX EXEMPTION CERTIFICATE. SWAP -A -CLOCK TRADE -UP PRICES QUOTED DO NOT INCLUDE STATE OR LOCAL SALES TAXES, IF APPLICABLE. CALL FOR A FREE WRITTEN QUOTE. Please ask your GLOCK District Manager for details. Dave Mallery (503) 805 -5409 Email: Dave.mallery @glock.us Page 3 of 10 p Cld.(�.,I > R� , ,1 ^ siac.,r.it uIuJIo �I'1 J GLOCK GEN4 PISTOLS GEN4 - G17 9mm I G22.40 cal / G31 .357 cal 3 164.00 GEN4 - G19 9mm I G23.40 cal / G32.367 cal 3 164.00 GEN4 - G26 9mm I G27.40 cal I G33.367 cal 3 164.00 9mm Models GEN4 - G34 9mm / G35.40 cal 3 239.00 17 / 19 / 26 /34 GEN4 - G37.45 GAP / G38.45 GAP 3 179.00 21 / 30 / 30S / 36 / 41 GEN4 - G39.46 GAP 3 179.00 .40 Cal Models GLOCK GEN4 and GEN3 PISTOLS 22 / 23 / 27 / 35 GLOCK GEN4 & GEN3 PISTOLS .357 Cal Models 31132/33 GEN4 - G21 / G21 SF .45 ACP 3 224.00 G30S / G30SF / G36.45 ACP 3 224.00 GEN4 - G41.45 ACP 3 239.00 G20SF 10mm 3 224.00 G298F 10mm 3 224.00 OFFER REQUIRES DEPT LETTERHEAD PURCHASE ORDER OR PURCHASE LETTER, & FEDERAL EXCISE TAX EXEMPTION CERTIFICATE. SWAP -A -CLOCK TRADE -UP PRICES QUOTED DO NOT INCLUDE STATE OR LOCAL SALES TAXES, IF APPLICABLE. CALL FOR A FREE WRITTEN QUOTE. Please ask your GLOCK District Manager for details. Dave Mallery (503) 805 -5409 Email: Dave.mallery @glock.us Page 3 of 10 p Cld.(�.,I > R� , ,1 ^ siac.,r.it uIuJIo �I'1 J GLOCK GEN4 and GEN3 PISTOLS GEN4 - G17 9mm / G22.40 cal / G31 .357 cal 3 104.00 GEN4 - G19 9mm / G23 .40 cat / G32.357 cal 3 104.00 GEN4 - G26 9mm / G27 .40 cal I G33.367 cal 3 104.00 GEN4 - G34 9mm / G36.40 cat 3 179.00 .45 ACP Cal Models GEN4 - G37.45 GAP / G38.45 GAP 3 119.00 21 / 30 / 30S / 36 / 41 GEN4 - G39.45 GAP 3 119.00 GLOCK GEN4 and GEN3 PISTOLS 10mm Models 20/29 GEN4 21SF .45 ACP / G21 .45 ACP 3 164.00 G30SF .45 ACP / G30S .45 ACP / G36.45 ACP 3 164.00 GEN4 41.46 ACP 3 179.00 G20SF 10mm / G20 10mm 3 164.00 G29SF 10mm / G29 10mm 3 164.00 OFFER REQUIRES DEPT LETTERHEAD PURCHASE ORDER OR PURCHASE LETTER, & FEDERAL EXCISE TAX EXEMPTION CERTIFICATE. SWAP -A -CLOCK TRADE -UP PRICES QUOTED DO NOT INCLUDE STATE OR LOCAL SALES TAXES, IF APPLICABLE. CALL FOR A FREE WRITTEN QUOTE. Please ask your GLOCK District Manager for details. Dave Mallery (503) 805 -5409 Email: Dave.mallery @glock.us Page 3 of 10 p Cld.(�.,I > R� , ,1 ^ siac.,r.it uIuJIo �I'1 J -- - -------- - ------ GLOCK, Inc. USA ........ .. 600 Highland, Parkway 10CK Srryma, GA J0082 USA Te. +1 770 432 1202 PERFECTION www.glock.com rax � - 770 433 8 /19 Law Enforcement Agency Price List GLOCK, Inc. 6000 Highlands Parkway, Smyrna, GA 30082, Phone: 770-432-1202 Fax: 770-433-8719 Fixed $362.00 $398.20 Adjustable $382.00 $420.20 GLOCK Steel $387,00 $425.70 GLOCK NS $414.00 $455.40 Fixed $384.00 $422.40 Adjustable $404.00 $444.40 GLOCK Steel $409.00 $449.90 GLOCK NS $436.00 $479.60 Fixed $362.00 $398.20 Adjustable $382.00 $420.20 GLOCK Steel $387.00 $425.70 GLOCK NS $414,00 $455.40 Fixed $422.00 $464.20 Adjustable $442,00 $486.20 GLOCK Steel $447.00 $491.70 GLOCK NS $474.00 $521.40 Fixed $462.00 $508.20 Adjustable $482.00 $530.20 GLOCK Steel $487.00 $535.70 GLOCK NS $514.00 $565,40 Fixed Adjustable GLOCK Steel GLOCK NS 10lices are subject to change $437.00 $480.70 $457.00 $502.70 $462.00 $508.20 $489,00 $537.90 Page 1 of 4 FRM-72-32 / Rev 25 / 01.07.16 / Law Enforcement Agency Price List - - - - ------ ------------------- - - - - - --------- - - GLOCK, Inc. USA ----------- W W)-fighl,')ndr Parkway (�CK Srryma, GA 30082 USA Te. +I 1704 i? 12G2 PERFECTION www.glock.com Fax 770 433 8719 Law Enforcement Agency Price List GLO(K Inc. 6000 Highlands Parkway, Smyrna, GA 30082, Phone: 770-432-1202 Fax: 770-433-8719 Fixed $50775 $558.50 Adjustable $521.50 $567.50 GLOCK NS $560,95 $614.40 Fixed $434.00 $477.40 GLOCK NS $486.00 $529.60 Fixed $377,00 $414,70 Adjustable $397.00 $436.70 GLOCK Steel $402,00 $442.80 GLOCK NS $429.00 $471.90 Fixed Adjustable GLOCK Steel GLOCK NS Fixed GLOCK NS $377.00 $414.70 $397.00 $436.70 $402.00 $442.80 $429.00 $471.90 5sted Agency Suggested Officer $290.00 $319.00 $338.00 $372.00 Fixed $325.50 $358.00 GLOCK NS $373.60 $411.00 Fixed Adjustable GLOCK Steel GLOCK NS *** Prices are subject to change *** $459.00 $504.90 $479.00 $526.90 $484.00 $532.40 $511.00 $562.10 Page 2 of 4 FRM-72-32 / Rev 25 / 01.07.16 / Law Enforcement Agency Price List . . ...... ...... ... .. ............ . ..... ..... . ..... ------ -------- GLOCK, Inc. USA 6000 Highlands Parkway [!1 O K Srnyma, GA 30082 - USA Te +1 770 45 2 :1102 PERFECTION www.glock.com Fax 770 43:3 8719 Law Enforcement Agency Price List GLOCK, Inc. 6000 Highlands Parkway, Smyrna, GA 30082, Phone: 770-432-1202 Fax: 770-433-8719 Fixed $507.00 - - -- Adjustable $527.00 ---- GLOCK Steel $532.00 ---- GLOCK NS $559,00 ---- Fixed $532.00 - - -- Adjustable $552.00 ---- GLOCK Steel $557.00 ---- Night Sights are not recommended Fixed $362.00 - - -- Adjustable $382,00 - --- CLOCK Steel $387.00 - - -- CLOCK NS $414.00 ---- Fixed $479,00 $526.90 Fixed $534.00 $587.40 1-2pnces are subject to change *** Page 3 of 4 FRM-72-32 / Rev 25 / 01.07.16 / Law Enforcement Agency Price List ..... ... ........... .. ... - - ------ --- - GLOCK, Inc. USA .... . ..... — - ---- ............ . 10) IOCK Smyrna, GA MOH2 USA I Te 41 7"70 452 12C2 PERFECTION ."..glock.com Fax 770,133 8719 Law Enforcement Agency Price List GLOCK, Inc, 6000 Highlands Parkway, Smyrna, GA 30082, Phone: 770-432-1202 Fax: 770-433-8719 GLOCK Magazines (All Models) CLOCK G26,G27,G33 VV/ + floorplate & G42/G43 6rd VV/ EXT GLOCK G18 33rd Magazines GLOCK 22 (22rd) Magazine GLOCK Magazine Loader CLOCK Sport Combat Holster GLOCK Sport Duty Holster GLOCK Magazine Pouch GLOCK Field Knife Black wl Root Saw GLOCK Field Knife Dark Earth w/Saw CLOCK Field Knife Grey w/Saw GLOCK Field Knife BFG w/Saw GLOCK Entrenching Tool w/ Pouch GLOCK GTL 10 CLOCK GTL 21122 CLOCK GTL 51/52 GLOCK Pistol Case GLOCK Pistol Case w/ Lock $21.00 $30.00 $32.00 $32.00 $3.00 $9.00 $15.00 $7,00 $21.00 $21.00 $21.00 $21.00 $34.00 $75.00 $227.00 $794.00 $18.00 $30.00 Note: Magazines being purchased by Individual Officers may only be purchased with a pistol purchase, and must be the same model as the pistol being purchased with a maximum of 6 per order. *** Prices are subject to change *** Page 4 of 4 FRM-72-32 / Rev 25 / 01.0716 / Law Enforcement Agency Price List 13