Administrative Services, Fleet Operations, Surplus Property

Rule R28-2

Surplus Firearms

Notice of Proposed Rule

(Amendment)

DAR File No.: 33706
Filed: 06/03/2010 09:09:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change updates the procedures and requirements for disposal of handguns.

Summary of the rule or change:

This rule change allows for disposal of handguns through destruction, trade-in to a licensed firearms dealer, sale to a legally constituted law enforcement agency, or sale to a POST-certified individual as authorized by the owning agency.

State statutory or constitutional authorization for this rule:

• Section 63A-9-801

Anticipated cost or savings to:

the state budget:

By easing the restrictions, owning agencies will have the opportunity to retain more of the surplus value of handguns. This will result in a savings to the agency budget.

local governments:

There are no anticipated savings or costs to local governments associated with this rule change.

small businesses:

There are no anticipated savings or costs to small businesses associated with this rule change.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated savings or costs to persons other than small businesses, businesses, or local government entities associated with this rule change.

Compliance costs for affected persons:

There are no anticipated compliance costs associated with this rule change.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no anticipated fiscal impact on businesses associated with this rule change.

Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Fleet Operations, Surplus Property
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Brian Fay at the above address, by phone at 801-538-3502, by FAX at 801-538-1773, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

Sam Lee, Assistant Director

R28. Administrative Services, Fleet Operations, Surplus Property.

R28-2. Surplus Firearms.

R28-2-1. Purpose and Authority.

This rule sets forth policies and procedures for disposing of surplus firearms from state agencies and participating local agencies, as authorized in the Utah Code, Title 63A, Chapter 9, Part 8. This rule governs the destruction, sale, transfer, or donation of surplus firearms to any agency or to the general public.

 

R28-2-2. Definitions.

(1) As used in this rule:

(a) ["Firearms"]"Firearm" means [all]any state owned [firearms]firearm, including any confiscated or seized [firearms]firearm over which the state has disposal authority, and any [firearms]firearm declared surplus by a local [subdivisions]subdivision.

(b) "USASP" means Utah State Agency for Surplus Property.

(c) "[h]Handgun" means any [pistols and revolvers]pistol or revolver.

(d) "[h]Hunting [and]or sporting [rifles]rifle" means any long barreled [shotguns and rifles]shotgun or rifle manufactured for hunting or sporting purposes.

(e) "Licensed firearms dealer" means a firearms dealers licensed by the Federal Bureau of Alcohol, Tobacco and Firearms.

[ "nonlicensee" means an individual or organization not licensed by the Federal Bureau of Alcohol, Tobacco and Firearms to buy or sell firearms.

]

R28-2-3. Procedures.

(1)[A.] All state owned firearms shall be disposed of under the general provisions of Rule R28-1.

(a)[1.] As an exception to the purchase priority listed in Section R28-1-5, the sale of firearms directly to the general public by the USASP is prohibited.

(b)[2.] Hunting and sporting rifles meeting Federal Firearms regulations may be sold only to firearms dealers licensed by the Federal Bureau of Alcohol, Tobacco and Firearms. All sales will be accomplished by either auction or sealed bid.

[3. Handguns may only be transferred to a firearms dealer through sale or exchange when:

a. There is a change in the standard handgun and;

b. An agency is replacing more than half of the agency's handguns.](c) Except as provided in this Subsection (c), handguns shall be transferred to the Utah State Public Safety Crime Lab for use or to be destroyed.

(i) The owning agency may trade a handgun into a licensed firearm dealer for credit toward the current purchase of a new handgun.

(ii) USASP may authorize the sale of a handgun to a legally constituted law enforcement agency.

(iii) USASP may authorize the sale of a handgun to a POST certified individual if the owning agency submits a signed request that includes:

(A) the individual's name;

(B) the serial number of the handgun to be sold; and

(C) the signature of an authorized agent of the owning agency.

[4. Handguns not purchased by legally constituted state law enforcement agencies and all firearms not meeting Federal Firearms regulations will either be transferred to the Utah State Public Safety Crime Lab for use or be destroyed.

B. A peace officer retiring from state service and desiring to retain his service firearm, may purchase his assigned firearm at one-half of its current replacement cost.

1. Proof of intent to retire shall be sent to the USASP along with a completed standard form SP-1 and shall be signed by an authorized agent of the owning agency.

2. The replacement cost shall be determined by the most recent state purchase order or other documentation for the specified firearm(s) and a copy shall accompany the completed standard form SP-1.]

(2)[C.] All firearms retained by the USASP shall be in accordance with Federal Firearms regulations pursuant to Sections 921(a)(19) and 922(s) of Title 18, United States Code.

(a)[1.] Written certification that surplus firearms meet federal firearms regulations shall be provided by the owning agency or a qualified armorer.

(3)[D.] All firearms retained by the USASP shall be in good working condition.

(a)[a.] Written certification specifying the condition of surplus firearms shall be provided by the owning agency or a qualified armorer.

 

KEY: firearms

Date of Enactment or Last Substantive Amendment: [May 11, 2009]2010

Notice of Continuation: February 7, 2006

Authorizing, and Implemented or Interpreted Law: 63A-9-801