HomeMy WebLinkAboutord2001-042WIZATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -307
CLEARANCES
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SEP 04 2001
WH.VFCOM COUNTY
COUNCIL
9111101
Introduction
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Slieriff
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SUBJECT-Disposition of Certain Firearms in the Custody of the Whateom County Sheriff.
ATTACHMENTS: Proposed Ordinance
SEPA review required? ( J Yes ( x) NO
SEPA review completed? ( ) Yes ( x ) NO
Should Clerk schedule o hearing ? ( x) Yes ( ) Na
R¢questedDate: Septembe 2001
SUMMARYSTATEMENT:
This Ordinance would allow the Sheriff to dispose of firearms in his
custody as required by State law. These firearms have been either
judicially forfeited and not ordered destroyed by the court, nor are
they needed any longer as evidence, or they have been jorfeited due
to a failure to claim ownership under RCW 63.40.010.
Distribution Request
Indicate those who should rerewe a copy der Courvctl action.
1,u„➢ec;ho names m the right �
AM Facames Management
ADs rtnanLe
ADS Human Resources
AM Info services
Assessor
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Audkor
Cooperative Eisemlon
Disnlct Coup
Execudve
HewN
Hearing examiner
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COUNCIL ACTION TAKEN:
2001 -30] 911112001: Introduced
9125/2001: Adopted 7 -0, Ord. d2001 -062
Related County Contract #:
J eni(e
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Piarm/ng
Noseudor
Puhdc Worb
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Steve DeFries
Superior Count
Treasurer
Otirer,
Related File Numbers:
Ordinance or Resolulion Number
(this item):
Sponsored by: sheriff
Proposed by: sheriff
Introduction date: 9/11/2001
ORDINANCE NO. 2001 -042
THE DISPOSITION OF CERTAIN FIREARMS IN THE CUSTODY
OF THE WHATCOM COUNTY SHERIFF
WHEREAS, under RCW 9.41.290, the State of Washington fully occupies and preempts
the entire field of firearms regulation within the boundaries of the State; and
WHEREAS, the State of Washington, pursuant to RCW 9.41.098(2)(a), authorizes local
legislative authorities to determine the manner of the disposition of firearms either
judicially forfeited and no longer needed as evidence or forfeited pursuant to RCW
63.40.010; and
WHEREAS, there is no locally determined method for the disposition of such firearms
currently provided;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Chapter
9.33 of the Whatcom County Code is hereby amended to add the following section:
9.33.020 Disposition of Certain Forfeited Firearms
A. Firearms in the custody of the Whatcom County Sheriff that have
either been judicially forfeited and not ordered destroyed by the
court and no longer needed as evidence, or those that have been
forfeited due to a failure to make a claim under RCW 63.40.010
may, at the Sheriffs discretion, be disposed of by either trade to a
licensed firearms dealer, public auction, retention for agency use,
or destruction in accordance with the following provisions:
1. The trade or auctioning shall be performed in accordance
with the requirements of RCW 9.41.098(2)(b)(ii).
2. Except as provided in (4) of this subsection, firearms that are
illegal for any person to possess shall be destroyed.
3. A firearm shall be considered destroyed when it has been
cut into pieces, melted down, or otherwise rendered
inoperable and unable to be repaired.
4. In accordance with RCW 9.41.098(2)(c), antique firearms
and firearms recognized as curios, relics, or 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 to licensed dealers.
5. The retention of forfeited firearms for agency use shall not
exceed that percentage allowed by RCW 9.41.098(2)(b).
B. All proceeds, less associated costs, resulting from the disposition
authorized herein shall be deposited into the Whatcom County
General Fund.
ADOPTED this 25 day of September 2001
ATTEST
Dana Brown - Davis, Clerk of the Council
APPROVED AS TO FORM:
ohl j '�
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L W r N n, ouncil Chair
( Approved ( ) Denied
Pete Kreme6, County Executive
0C -m/
Date