Rule R28-2. Surplus Firearms.

As in effect on August 1, 2009

Table of Contents

• R28-2-1. Purpose and Authority.
• R28-2-2. Definitions.
• R28-2-3. Procedures.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

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.

"Firearms" means all state owned firearms, including any confiscated or seized firearms over which the state has disposal authority, and any firearms declared surplus by local subdivisions.

"USASP" means Utah State Agency for Surplus Property.

"handgun" means pistols and revolvers.

"hunting and sporting rifles" means long barreled shotguns and rifles manufactured for hunting or sporting purposes.

"nonlicensee" means an individual or organization not licensed by the Federal Bureau of Alcohol, Tobacco and Firearms to buy or sell firearms.

R28-2-3. Procedures.

A. All state owned firearms shall be disposed of under the general provisions of Rule R28-1.

1. 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.

2. 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.

3. Handguns may only be transferred to a firearms dealer through sale or exchange when:

a. There is a change in the standard handgun and;

b. An agency is replacing more than half of the agency's handguns.

4. Handguns not purchased by legally constituted state law enforcement agencies and all firearms not meeting Federal Firearms regulations will either be transferred to the Utah State Public Safety Crime Lab for use or be destroyed.

B. A peace officer retiring from state service and desiring to retain his service firearm, may purchase his assigned firearm at one-half of its current replacement cost.

1. Proof of intent to retire shall be sent to the USASP along with a completed standard form SP-1 and shall be signed by an authorized agent of the owning agency.

2. The replacement cost shall be determined by the most recent state purchase order or other documentation for the specified firearm(s) and a copy shall accompany the completed standard form SP-1.

C. 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.

1. Written certification that surplus firearms meet federal firearms regulations shall be provided by the owning agency or a qualified armorer.

D. 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

May 11, 2009

Notice of Continuation

February 7, 2006

Authorizing, Implemented, or Interpreted Law

63A-9-801