Resolution 5776 - Laserfiche WebLink

• RESOLUTION NO. 5776 A RESOLUTION relating to the disposition of firearms and superseding Resolution No. 4166. WHEREAS, the Everett City Council has been advised that the Everett Police Department wishes to transfer firearms that have been forfeited to the City and that are no longer needed as evidence to the Washington State Patrol Crime Lab ("WSPCL") for criminal investigations; and WHEREAS, the Everett City Council deems it appropriate and in the interest of the public health, safety and welfare for weapons to be transferred for this purpose; and WHEREAS, the Everett City Council has been advised that the agreement for transfer of firearms to WSPCL includes provisions requiring secure storage of the weapons and prohibiting sale, loan or another transfer firearms that are transferred to WSPCL custody; and WHEREAS, Council Resolution No. 4166, a previous resolution relating to the disposition of firearms, is silent regarding transfer of weapons for this purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT: Section 1: All firearms taken into the custody of the Everett Police Department on or after July 1, 1993 and that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010 are to be disposed of as follows: A. The Everett Police Department may retain legal firearms for agency use; B. The Chief of Police, or his/her designee, may auction or trade legal firearms to properly licensed commercial sellers, as deemed appropriate by the Chief of Police or his/her designee. All proceeds of an auction or trade may be retained by the Everett Police Department for agency use; C. The Chief of Police, or his/her designee, may destroy legal firearms in lieu of A or B, at the discretion of the Chief of Police; D. Firearms determined by the Chief of Police or his/her designee to be illegal for any person to possess may be destroyed; E. No firearm shall be disposed of while it is needed for evidence; F. EPD may, in the discretion of the Chief of Police or his/her designee transfer disposable firearms to a state or federal law enforcement agency such as the Washington State Patrol, Bureau of Alcohol, Tobacco and Firearms, Federal Bureau of Investigation or Naval Criminal Investigative Service, so long as such transfer is supported by an agreement between the parties that the transferee agency will store the firearms securely and will not sell, loan or otherwise transfer the firearms from its custody.