Chapter 8.28
DISPOSAL OF FIREARMS

Sections:

8.28.010    Disposal by police department.

8.28.020    Antique firearms.

8.28.030    Illegal firearms.

8.28.040    Use of proceeds.

8.28.050    Transportation of firearms.

8.28.010 Disposal by police department.

Except as provided in YMC 8.28.020 and 8.28.030, all firearms that come into the possession of the police department after September 22, 1993, that are judicially forfeited under RCW 9.41.098 and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010, may be disposed of by the police department in its discretion as follows:

A. Retained for agency use;

B. Traded to commercial sellers;

C. Auctioned to commercial sellers;

D. Destroyed. (Ord. 481 § 1, 1993).

8.28.020 Antique firearms.

All firearms that are “antiques” as defined by RCW 9.41.150, or recognized as curios, relics, and firearms of particular historical significance by the Bureau of Alcohol, Tobacco and Firearms (or any successor agency) shall not be retained for agency use or destroyed. (Ord. 481 § 2, 1993).

8.28.030 Illegal firearms.

A. All firearms that are illegal to possess, as defined in subsection B of this section, shall be destroyed, and shall not be retained, traded or auctioned. If firearms otherwise illegal to possess may be rendered legal to possess by removal or alteration of component parts, the police department may, in its discretion, effect such removal or alteration, and may thereafter dispose of the firearm under YMC 8.28.010.

B. “Firearms that are illegal to possess” means firearms that are illegal to possess as a private citizen under state or federal law. (Ord. 481 §§ 3, 4, 1993).

8.28.040 Use of proceeds.

Any proceeds from the trade or auction of firearms shall be used by the police department. (Ord. 481 § 5, 1993).

8.28.050 Transportation of firearms.

Hunting and target rifles have been carried responsibly and openly by our citizens on rifle racks for many years and the city council members find no reason why this practice should not continue; and

Such methods of transportation have not posed a threat to public safety or to the public peace; and

The restrictions of RCW 9.41.050, Section 405, subsection (4) would place an unwarranted restriction upon the lawful transportation of firearms by the citizenry of the city;

Therefore, pursuant to RCW 9.41.050, Section 405, subsection (6) the city is exempt from all prohibitions of RCW 9.41.050, Section 405, subsection (4). (Ord. 517, 1994).