SENATE BILL REPORT

ESHB 2979

BYHouse Committee on Judiciary (originally sponsored by Representative Appelwick)

Regulating forfeited firearms.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 23, 1990

Senate Staff:Jon Carlson (786-7459)

AS OF FEBRUARY 21, 1990

BACKGROUND:

Firearms illegally used or possessed may, under certain circumstances, be seized and forfeited.  When weapons are forfeited, one of three actions is to be taken.  Firearms that are illegal for anyone to possess are to be destroyed.  Up to 10 percent of other weapons may be retained by law enforcement agencies for their own use.  The remainder of the forfeited weapons are to be sold at auction.

The proceeds of the sale of forfeited firearms are divided as follows.  The agency that seized the weapons is reimbursed for the cost of storage and sale.  The rest of the proceeds go to the state Department of Wildlife for use in its firearms training program.

SUMMARY:

A new division is made of the proceeds of the sale of forfeited firearms, and law enforcement agencies are given an alternative to sale for disposing of firearms.  The agency that seizes the firearms and sells them may keep 60 percent of the proceeds.  The remaining 40 percent goes to the state firearms range account for use in the purchase of land and the development and operation of firearms ranges and sport training and practice facilities.

Instead of selling forfeited firearms, an agency may trade the weapons for other firearms or police equipment.

The requirement that forfeited legal weapons be sold is removed.  Local jurisdictions may by ordinance provide for the destruction of all forfeited weapons.  Firearms manufactured before 1918 may not be destroyed.

Appropriation:    none

Revenue:    yes

Fiscal Note:      requested January 30, 1990