HomeMy WebLinkAbout123-97 - Res. Authorizing the Mason County Sheriff to Dispose of Judicially Forfeited Firearms RESOLUTION NO. /�-f —
A RESOLUTION authorizing the Mason County Sheriff to dispose of
judicially forfeited firearms.
WHEREAS, prior to June 30, 1993 , RCW 9. 41. 098 (2) provided that
a court ordering the forfeiture of firearms would also set forth in
the order how the firearms would be disposed of; and
WHEREAS, RCW 9.41. 098 (2) was amended in 1993 to provide that
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 may be disposed of in any manner
determined by the local legislative authority; and
WHEREAS, RCW 9.41. 098 (2) (a) provides that any proceeds of an
auction or trade may be retained by the legislative authority;
WHEREAS, with regard to firearms that come into the possession
of the Mason County Sheriff's office after June 30, 1993, absent
some action by the Mason County Board of County Commissioners, the
Mason County Sheriff's Office is limited to retaining judicially
forfeited firearms as evidence or seeking a court order to destroy
illegal firearms; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MASON COUNTY that the following be invoked:
A. Except as provided in subsections (b) and (c) of RCW
9 .41. 098 (2) , all firearms that come into the possession of the
Mason County Sheriff's Office after June 30, 1993, that are:
judicially forfeited and no longer needed for evidence; or
forfeited due to a failure to make a claim under RCW 63 . 32 . 010
or 63 .40. 010 may be disposed of by the Mason County Sheriff's
Office in its discretion and in compliance with RCW
9. 41. 098 (2) (b) as follows:
1. A maximum of ten percent of the forfeited firearms may be
retained by the Mason County Sheriff's Office for agency
use.
2 . Forfeited firearms may be traded for law enforcement
equipment or supplies to commercial law enforcement
equipment sellers or suppliers.
3 . Lawful firearms that are forfeited may be auctioned to
commercial sellers.
4 . Forfeited firearms may be destroyed.
B. The proceeds of any auction or trade shall be used to fund lair
enforcement activities.
ADOPTED: October 14, 1997
ATTEST: BOARD OF COUNTY COMMISSIONERS
Mason County, Washington
22
Clerk of the Board Chairm
APPROVED AS TO FORM:
issioner
a ' Excused Absence 10/14/97
Mike Clift, Deputy Prosecutor Commissioner