File No. 34781
This rule was published in the June 1, 2011, issue (Vol. 2011, No. 11) of the Utah State Bulletin.
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This rule is to be repealed in its entirety from Title R28.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 ServicesFleet 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 [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:
07/01/2011
This rule may become effective on:
07/08/2011
Authorized by:
Sam Lee, Director
RULE TEXT
[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 ]
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Brian Fay at the above address, by phone at 801-538-3502, by FAX at 801-359-0759, or by Internet E-mail at [email protected].