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Old 10-08-2007, 05:56   #1
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Join Date: Jun 2004
Location: Mississippi, CSA
Posts: 3,441
How do Missisippi cities dispose of confiscated guns

I asked in another thread here in Mississippi Glockers, but got no response to the question, "How do cities in Mississippi get rid of confiscated guns?"

They are claiming to "take thousands of guns off the streets" every year.

So, I looked it up. Here is the published state guidance to counties. This is for counties. Not sure how this relates to city PD gun disposal.

Might be really interesting to find out how Jackson and other cities are doing it. I am betting that they don't follow the rules. Just a hunch.

Prepared by
The Division of Property
Ross Campbell, Director

First Issued, June 1994
Revised, January 2004

Guidelines for Accounting for Property Weapons

A. All weapons confiscated by a duly appointed peace officer should not be disposed of without an Order from a court of competent jurisdiction. Confiscated weapons are to be held as evidence until a Court Order is issued dictating the method of disposal.

B. Every law enforcement agency shall maintain a docket of all seized deadly weapons, including firearms. - [Section 45-9-151, Miss. Code Ann. (1972 amended)]

1. The docket shall contain the following information: a. name of arresting officer;

b. date of arrest;

c. charge upon which the seizure is based;

d. name of person from whom weapon seized;

e. physical description of weapon;

f. serial number of weapon;

g. chain of custody of weapon.

Entries into docket shall be made within ten (10) days of seizure.

C. A court of competent jurisdiction should order, either by forfeiture under Section 97- 37-3, Mississippi Code of 1972, Annotated, or by a civil action for forfeiture, one of the following methods be employed to dispose of the confiscated weapon:

1. The confiscated weapon be disposed of by public auction;

2. The confiscated weapon be placed upon the property inventory of the state institution; or

3. The confiscated weapon be destroyed.

D. If the Order requires the confiscated weapon be disposed of by public auction, the following is required:

The confiscated weapon should be surrendered to the sheriff of the county in which said property was confiscated as required by Section 25-1-51, Mississippi Code of 1972, Annotated.

1. A copy of the Order requiring the confiscated weapon be sold should be provided to the county sheriff with documentation identifying each weapon by description and serial number.

2. A receipt of each weapon containing its description and serial number should be obtained from the county sheriff and retained in the institution's files with the related Court Order.

3. Confiscated weapons ordered by a court to be sold are not to be placed on county inventory.

E. If the Order requires the confiscated weapon be placed on the property inventory of the entity, the following is required:

The confiscated weapon should be accounted for under the rules and regulations promulgated by the Mississippi County Fixed Assets Management Manual, as are other personal property items acquired by the entity.

F. If the order requires the confiscated weapon be destroyed, the following is required:

1. The Order should contain a clear and precise method of destruction.

2. A return from the officer ordered to destroy the weapon shall be filed. The record of return should include the following:

a. A sworn statement from the officer that the weapon was destroyed as ordered;

b. Photographs or two statements from witnesses evidencing the weapon's destruction; and

c. A file maintained by the institution containing the Court Order, the officer's sworn statement and the supporting evidence.

3. Confiscated weapons ordered by a court to be destroyed are not to be placed on county inventories.

And this friendly advice to the State of Mississippi from our friends at the BATF in response to the question:

Disposal of Weapons

Recently we were told that a city had received information
that indicated they could not sell used weapons to a Class III dealer after receiving bids. They were informed that ATF
rules prohibited such sales. In an effort to clarify this
situation we contacted the Bureau of Alcohol, Tobacco and
Firearms and asked for a clarification on the subject of sales of weapons by state and local governments. We have
received a response which states, in part;

“The Bureau of Alcohol, Tobacco and Firearms (ATF)
has taken the position that a government entity selling
confiscated, unclaimed or unnecessary firearms is
ordinarily exercising a governmental function, not a
proprietary one, and therefore the entity does not
require a Federal firearms license.

ATF strongly urges that sales by state, county, city, or
parish entities be made directly to or through federally
licensed firearms dealers. By limiting sales to
licensees, the subsequent disposition to private
individuals will be governed by the restrictions of both
State and Federal laws, including the Brady criminal
background check, and the receipt and disposition of the
firearms will be properly recorded in the dealer’s
records. Selling only to licensees will minimize the
possibility that the weapons will be sold to those
prohibited from possessing, transporting or receiving
firearms under State or Federal law. It may also reduce
any exposure the governmental entity may face should
the firearm be later misused. However, Federal law
does not require that such sales be made to licensees.
Should your State or political subdivision decide to sell
its firearms to the general public, sales should be
confined to residents of Mississippi so as to avoid
placing nonresidents in violation of the interstate
controls of the GCA, 18 U.S.C. S 922(a)(3). You
should also be aware that Federal law prohibits certain
categories of persons from receiving firearms. See 18
U.S.C. SS 922(g) and (n). The kind of sale or exchange,
whether through sealed bids, at auction, by trade for
other merchandise, or by direct sale, is not significant
provided that the governmental entity is not engaging in
the business of dealing firearms.”

Conservatives have faith in individuals; liberals put their faith in the government.
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