Administrative Services, Fleet Operations, Surplus Property

Rule R28-2

Surplus Firearms

Notice of Proposed Rule

(Repeal)

DAR File No.: 34781
Filed: 05/10/2011 06:57:00 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The administration of and rule making authority for Surplus Property has been transferred to the Division of Purchasing and General Services per S.B. 130 (2011 General Session). (DAR NOTE: S.B. 130 (2011) was effective 05/10/2011.)

Summary of the rule or change:

This rule is to be repealed in its entirety from Title R28.

State statutory or constitutional authorization for this rule:

• Section 63A-2-406
• Section 63A-2-401

Anticipated cost or savings to:

the state budget:

There is no cost to the state budget because the program and regulatory authority is transferred to the Division of Purchasing and General Services and will continue.

local governments:

There is no cost to local government because the program and regulatory authority is transferred to the Division of Purchasing and General Services and will continue.

small businesses:

There is no cost to small businesses because the program and regulatory authority is transferred to the Division of Purchasing and General Services and will continue.

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

There is no cost to persons other than small businesses, businesses, or local government entities because the program and regulatory authority is transferred to the Division of Purchasing and General Services and will continue.

Compliance costs for affected persons:

There is no compliance costs for affected persons because the program and regulatory authority is transferred to the Division of Purchasing and General Services and will continue.

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

There will be no anticipated fiscal impact on business due to the repealing of this rule.

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 801-359-0759, 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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Sam Lee, 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) "Firearm" means any state owned firearm, including any confiscated or seized firearm over which the state has disposal authority, and any firearm declared surplus by a local subdivision.

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

(c) "Handgun" means any pistol or revolver.

(d) "Hunting or sporting rifle" means any long barreled 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.

 

R28-2-3. Procedures.

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

(a) 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) 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.

(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.

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

(3) 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: August 19, 2010

Notice of Continuation: November 29, 2010

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