DAR File No. 32362

Administrative Services, Fleet Operations, Surplus Property

R28-2-3

Procedures

NOTICE OF PROPOSED RULE

DAR File No.: 32362
Filed: 02/09/2009, 07:40
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change allows surplus property to transfer handguns to firearms dealers when certain conditions are met.

Summary of the rule or change:

This rule change allows surplus property to transfer handguns to firearms dealers if there is a change in the standard handgun and the agency is replacing more than half of its handguns.

State statutory or constitutional authorization for this rule:

Section 63A-9-801

Anticipated cost or savings to:

the state budget:

This change allows handguns to be sold or exchanged with firearms dealers and will result in a savings to the state budget.

local governments:

This change involves the transfer of state property to a firearms dealer and will result in no cost or savings to local government.

small businesses and persons other than businesses:

This change allows handguns to be sold or exchanged with firearms dealers. There may be a savings to small business firearms dealers who may be able to purchase handguns at a surplus price.

Compliance costs for affected persons:

This change allows handguns to be sold or exchanged with firearms dealers and will not create any compliance costs for these dealers.

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

This rule change will allow the transfer of handguns to firearms dealers at a surplus rate. This will benefit these businesses. 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
Room 4120 STATE OFFICE BLDG
450 N MAIN 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 bfay@utah.gov

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:

03/31/2009

This rule may become effective on:

04/07/2009

Authorized by:

Margaret Chambers, Director

R28. Administrative Services, Fleet Operations, Surplus Property.

R28-2. Surplus Firearms.

R28-2-3. Procedures.

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

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.

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[not] be transferred to a firearms dealer through sale or exchange when:[sold to firearms dealers.]

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

b. An agency is replacing more than half of the agency's handguns.

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.

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.

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

D. All firearms retained by the USASP shall be in good working condition.

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: [November 1, 1999]2009

Notice of Continuation: February 7, 2006

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