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Home My WebLink About08 FIREARMS REDUC 10-04-04 AGENDA REPORT Agenda Item Reviewed: ~ City Manager Finance Director 8 MEETING DATE: OCTOBER 4, 2004 FROM: WilLIAM A. HUSTON, CITY MANAGER STEVE FOSTER, POLICE CHIEF p.,t- TO: SUBJECT: FIREARMS INVENTORY REDUCTION SUMMARY The Police Department has conducted a firearms inventory of City-owned weapons and determined a reduction of that inventory is warranted based upon needs of the agency and physical facility storage capabilities. . Twenty-three (23) weapons previously retained for display and training purposes have been classified as obsolete or of no further use to the department and should be destroyed. . Thirty (30) weapons previously issued to officers as duty weapons and no longer used as such can be sold to qualifying sworn personnel. Transfer of ownership of weapons sold to sworn personnel would be completed through a Department of Justice licensed firearms dealer with conditions prohibiting the sale or transfer of said weapons to any other third party. RECOMMENDATION Authorize the destruction of twenty-three (23) firearms currently used for display and training purposes and classified as obsolete and/or of no further use to the Police Department under the guidelines of California Penal Code Section 12030. Authorize the sale and transfer of ownership of thirty (30) firearms previously issued as duty weapons to qualified sworn personnel per Department of Justice guidelines with proceeds deposited into the General Fund. This has been reviewed and approved by the City Attorney. FISCAL IMPACT Estimated revenue from sale of firearms to sworn personnel--$3,820.00 Page 2 BACKGROUND The Tustin Police Department maintains an inventory of firearms for both display and training purposes, as well as for use by sworn personnel in a duty capacity. The firearms have always been stored in the Property and Evidence section of the Police Department. Earlier this year, it was recornmended that department owned firearms no longer be stored with items of evidence to avoid potential challenges by defense attorneys in pending criminal court actions. In addition, the physical capacity of firearms storage in the Property and Evidence section is limited and the transfer of department weapons to the armory area of the agency would open up needed storage space while removing the items from the evidence area. An inventory of all department owned firearms was conducted and they were classified into three (3) basic categories; currently issued/used by sworn personnel, display and training use, and obsolete and no longer issued. In an attempt to reduce the number of firearms held within the agency, a review of the later of these three categories revealed a total of fifty-three (53) firearms which were no longer a benefit to the agency. The Police Department has an inventory of confiscated or donated firearms for use in training of officers and for public educational and display use. We have maintained a variety of weapons for this purpose and during the recent inventory, it was determined that twenty-three (23) weapons were no longer needed for that purpose (Attachment #1). These have been retained in the past through court order and shall be destroyed per Section 12030 of the California Penal Code when determined to no longer be of further use to the agency. Weapons destruction occurs once or twice each year as needed. The Police Department has an inventory of firearms for use as duty issue weapons which includes handguns, shotguns, and rifles. Included in this inventory, are firearms which have previously been issued as duty weapons, but are no longer authorized as such per our Department General Orders. These firearms include revolvers and semi- automatic pistols manufactured by Smith and Wesson. While no longer authorized as on-duty weapons, the firearms are fully functional and are authorized for off-duty use by qualified sworn personnel. They also represent a part of our agency's history. In 1990--1991, the Tustin Police Department made the transition from revolvers to semi- automatic handguns for on-duty use by sworn personnel. At that time, some of the duty revolvers were sold to an outside firearms dealer and some were sòld to officers. The sale I purchase price was $110.00 per weapon. A limited supply of revolvers and S&W semi-automatics was retained for department use. These are the thirty (30) firearms that have been determined as surplus and no longer practical to retain for agency use. (Attachment #2). Qualified sworn officers have expressed a desire to purchase these firearms for use in an off-duty capacity, or as a part of the history of our police department. Page 3 The purchase price of $110.00 per weapon is still appropriate based on input from a licensed firearms dealer considering the age and condition of the firearms. The transfer of ownership and registration would be conducted through a licensed firearms dealer per Department of Justice guidelines with transfer fees paid by the buyers. In addition to the DOJ transfer paperwork, a bill of sale between the City of Tustin and the buyer would include a stipulation that the sale or transfer of ownership to a third party cannot occur. Should the buyer no longer desire ownership of the weapon, it shall be turned in to a local law enforcement agency for destruction. The weapons have been checked by a departmental armorer, but are sold as is. A sample bill of sale attached. (Attachment #3) The reduction of inventory of firearms currently in possesion of the Police Department will result in several things. First, and foremost, it will free up much needed storage space in both our Property and Evidence Section, as well as the Armory area. It will further facilitate the separation of department owned firearms from those being held as evidence. The destruction of the former display and training weapons will prevent those items from ever reaching the street level again. Lastly, the sale of the firearms no longer issued as duty weapons will place the same control over said firearms, while allowing department personnel the use of them. ~ Steve Foster Police Chief ~ Attachment #1 WEAPONS TO BE GROUND 4-048 Rifle US Carbo .30 MIL 324072 Storage TBG 4-049 Pellet Rifle Crossman 180 none Storage TBG 4-050 Shotgun NR Davis 12 Barrel G5840 Storage TBG 4-051 Rifle Remington 514 ATF3900-007 Storage TBG 4-072 Shotgun Winchester Steelbilt A TF3900-005 Storage TBG 4-084 Pistol-R SW 66 69K8783 Armory TBG / B.a. frame 4-130 Pistol-R SW 10-5 C809420 Storage TBG 4-131 Pistol-R RTS 1966 13611 Storage TBG 4-132 Pistol-R Colt M1911A1 904750 Storage TBG 4-133 Pistol-R Colt Mark III L371 00 Storage TBG 4-135 Pistol-R H&R TPD499 Storage TBG 4-137 Rifle .22 ATF3900-006 Storage TBG 4-141 Pistol-R Mondia Unk. Storage TBG 4-142 Pistol-R Roht RG2 Unk. Storage TBG 4-144 Pistol-R SW 57 N729924 Storage TBG 4-145 Pistol-A Remington 1911A1 2437766 Storage TBG 4-147 Pistol-R SW 10 C794716 Storage TBG 4-149 Pistol-A Colt Mark IV 54465G70 Storage TBG 4-151 Pistol-A Remington M1911A1 1537313 Storage TBG 4-158 Pistol-R SW 10 D510662 Storage TBG 4-160 Pistol-R SW 19-1 K464579 Storage TBG 4-169 Pistol-A SW 59 A356496 Storage TBG 4-279 Pistol-R Hopkin XL No.4 91-2 Storage TBG Attachment #2 SMITH & WESSON WEAPONS INSPECTED 04-19-04 Revolvers Model66 .357 (2%.inch barrel) 30K0124 Foster 30K0128 D. Howard 30K0602 Finney Model 66 .357 (4-inch barrel) 50K5054 Ulrich 50K5170 Kirwan 50K5183 Lewis 50K5223 J. Garcia 50K5233 Shrode 50K5289 Galliher 50K5357 McCarren 50K5547 Ludwick 50K5696 B. Williams 50K5697 Berqquist 50K5709 Strain 50K5818 Welch 67K4088 bad frame / displav 67K4741 ZuniGa 67K4882 Beeler 67K4952 Sauerwein 69K4811 Turner 69K4869 Casiello 69K7805 Stickles 69K7869 Parlor 69K8603 CartwriGht 69K8783 bad frame / TBG 163K620 163K821 163K858 Black Zicarelli Mayfield Model64 .38 104515 Picknev (2%-inch barrel) Semi-Automatic Model 5906 TFT 2879 TFT 2902 TFT 2919 TFS 7249 TFS 8629 9mm (stainless) TPD Display Thornton Model 5904 9mm (blued) TDD 2483 Saunders TDE 0147 Williams Attachment #3 Ch"'loll'olln' 171" ,nUI!() Admm'",.""", 1. (714) >e¡.;ro6 17;~;"~7~e~~';z 2. Coro,ou"""ti"", 17/41,n122, ",'""d. ¡¡"""m r714¡snllO/ -7141 BILL OF SALE 300 Centennial Way Tustin, CA 92780 Direct: 774/573-3200 Fax: 774/730-8027 www. TustinPD.Org City of Tustin, seller, hereby sells the goods described in paragraph 2 to , buyer. (Print) Last, First MI The goods being sold under this Bill of Sale are: Smith and Wesson (Print) Brand Model Serial Number 3. Buyer has paid the purchase price of $ goods listed above. to the seller for the Buyer understands and acknowledges that the above described goods is a used product and no warranty is implied or issued to said product. 5. Buyer acknowledges that the sale and transfer of the above described goods shall be conducted through a licensed firearms dealer pursuant to the provisions of California Penal Code &12072(d)(1) and &12082. Buyer agrees that NO SALE OR TRANSFER to a third party of the above described goods shall occur. Buyer further agrees to turn the above goods over to a law enforcement agency for destruction if buyer no longer desires to retain the goods. Buyer agrees to defend, hold harmless, and indemnify City of Tustin, its officers, employees and agents, as to any and all claims, judgments, liabilities or damages of any nature arising, directly or indirectly, out of Buyer's sale or transfer of the goods purchased hereunder to a third party in violation of this provision. 6. Dated: Agent for Seller: Signature Title Buyer: Signature Date "it!?,.Ue tile íš',.,. 7"",,"« &",eett....ee"