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HomeMy WebLinkAboutResolutions - 2015.04.02 - 21772MISCELLANEOUS RESOLUTIONk 15070 March 18, 2015 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE-DISPOSAL OF FORFEITED, LOST, OR UNCLAIMED FIREARMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS under 1931 PA 328 (Firearms),1987 PA 273 (Lost Property), and 1959 PA 54 (Disposition of Unclaimed Stolen Property) the Sheriff's Office may dispose of forfeited or unclaimed firearms; and WHEREAS the Sheriff is requesting Board of Commissioners' approval to dispose of said firearms; and WHEREAS the attached policy addresses the disposal according to the law; and WHEREAS the Sheriff is requesting that any firearm not required to be destroyed be assigned to the Sheriff's Office Range for training purposes or for sale at auction ; and WHEREAS a list of forfeited, lost, or unclaimed firearms will be presented to the County Executive Department of Central Services to conduct the sale of the weapons at a public auction; and WHEREAS only a Michigan federally licensed firearms dealer who conducts business from a physical location/building open to the public for business may bid on a firearm being sold at the public auction; and WHEREAS proceeds from the sale of forfeited firearms shall be used by the Sheriff's Office for law enforcement purposes only; and WHEREAS the proceeds for the sale of lost or unclaimed firearms shall be deposited into the Oakland County's general fund; and WHEREAS the attached policy has been reviewed by Corporation Counsel. NOW THEREFORE BE 1T RESOLVED that the Oaldand County Board of Commissioners approves authorizing the disposal of forfeited, lost or unclaimed firearms for the Sheriff's Office in the manner set forth in the attached policy. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. 1TTEE PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. OAKLAND COUNTY SHERIFF'S OFFICE Policies and Procedures NUMBER DATE DRAFT November 25, 2014 SUBJECT: DISPOSAL OF FORFEITED, LOST, OR DISTRIBUTION UNCLAIMED FIREARMS REFERENCE: POLICY It shall be the policy of the Oakland County Sheriff's Office to allow for the disposal of forfeited, lost, or unclaimed firearms as prescribed by county, state and federal guidelines and statutes. PROCEDURE 1.0 DISPOSAL OF FORFEITED FIREARMS 1.1 Once firearms have been deemed forfeited under the Firearms Chapter of the Michigan Penal Code (750.239a), as determined by the Property Room Technician, a list of the firearms will be forwarded to the ERP Captain. Firearms that are subject to forfeiture under any other statute such as the Controlled Substances Act (MCL 333.7523) or Omnibus Forfeiture (MCL 600.4702) shall follow the procedures set forth in OCSO Policy and Procedures #12, "Forfeitures". 1.2 Before forwarding the list of firearms to the ERP Captain or their designee the following will be done: A. Determine through the LEIN whether the firearm has been reported lost or stolen. If the firearm has been reported lost or stolen and the name and address of the owner can be determined, the Property Room Technician shall provide 30 days' written notice of the OCSO's intent to dispose of the firearm to the owner, and allow the owner to claim the firearm within that 30-day period if he or she is authorized to possess the firearm. If the Property Room Technician determines that a serial number has been altered or has been removed or obliterated from the firearm, he/she shall submit the firearm to the forensic laboratory for serial number verification or restoration to determine legal ownership. If the serial number has been altered or is obliterated, the firearm shall not be sold and shall be handled in accordance with OCSO Policy and Procedure #239, "Handling and Storage of Property". B. Provide 30 days' notice to the public on a website maintained by the law enforcement agency of its intent to dispose of the firearm under this section. The notice shall include a description of the firearm and shall state the firearm's serial number, if the serial number can be determined. If the serial number has been altered or is obliterated, the firearm shall be handled in accordance with OCSO Policy and Procedure #239, "Handling and Storage of Property". The law enforcement agency shall allow the owner of the firearm to claim the firearm within that 30-day period if he or she is authorized to possess the firearm. POLICIES AND PROCEDURES NO. )0(X Disposal of Forfeited, Lost or Unclaimed Firearms November 25, 2014 Page: 2 1.3 The ERP Captain or their designee, will be responsible for verifying the inventory and inspecting the firearms to determine if the firearms should be sold at a public auction, sent to the Range, or be destroyed. 1.4 All weapons that are to be destroyed will be returned to the Property Room for proper disposal as required by OCSO Policy and Procedure # 239, "Storage and Handling of Property". All other firearms shall be transported to the Range and stored in the Range Vault. 1.5 All firearms that are assigned to the Range will be entered into the Range Inventory Database. These weapons shall only be used for training purposes and shall not be issued to Sheriff's Office Personnel. 1.6 Pursuant to BOC Resolution # [will need to insert # when BOC resolution authorizing auction becomes final], a list of the forfeited firearms to be sold at a public auction will be forwarded to Central Services to conduct the sale of the weapons. The firearms will remain in a secure location at the OCSO until the auction. 1.7 The public auction can be an online auction or an in-person auction. This decision will be made by the OCSO based on a recommendation from Central Services. The sale will be conducted by Central Services following its policy and procedures, County Rules, and state and federal law controlling the sale of firearms. The OCSO will assist with the handling of the weapons. No other types of forfeited weapons may be sold. 1.8 Only a Michigan federally licensed firearms dealer who conducts business from a physical location / building open to the public for business may bid on a firearm being sold at a public auction. 1.9 Auctioned firearms will be sold to the highest bidder with a Michigan federally licensed firearms dealer. 1.10 Proceeds from the public auction shall be used by the OCSO only for law enforcement purposes, in accordance with the BOC Resolution #[will need to insert # when BOO resolution authorizing auction becomes final] and MCL 28.434a. A receipt of the sale shall be retained by the OCSO permanently. All sales receipts shall be made available for inspection by the Bureau of Alcohol, Tobacco and Firearms, the Michigan State Police, the State of Michigan, or Oakland County for auditing purposes. 2.0 DISPOSAL OF LOST OR UNCLAIMED FIREARMS 2.1 Once firearms have been deemed lost (under MCL 434.21 et seq) or unclaimed (under MCL 434.171 el seq), as determined by the Property Room Technician, a list of the firearms will be forwarded to the ERP Captain. 2.2 Lost and unclaimed firearms shall be disposed of in accordance with OCSO Policy and Procedure #239, "Handling and Storage of Property", and as follows: A. Notice must be sent to any known legal owner of the firearm to the last known address of record at least 6 months before disposing of the firearm. B. If there was a finder who turned in the firearm, the firearm is to be returned to the finder unless s/he cannot be located, does not want the firearm, or there is reasonable cause to believe that the finder may not lawfully possess the firearm. State and Federal licensing and record-keeping requirements for the sale/purchase of firearms must be complied with. POLICIES AND PROCEDURES NO. XXX Disposal of Forfeited, Lost or Unclaimed Firearms November 25, 2014 Page: 3 C. If there was no finder (or the finder cannot be located, may not lawfully possess, or does not want the firearm), the firearm may be sent to the Range or sold at a public auction. 2.3 The ERP Captain or their designee, will be responsible for verifying the inventory and inspecting the firearms to determine if the firearms should be returned to the finder, sold at a public auction, sent to the Range, or be destroyed. 2.4 All firearms that are to be destroyed will be returned to the Property Room for proper disposal as required by OCSO Policy and Procedure # 239, "Storage and Handling of Property". All other firearms shall be transported to the Range and stored in the Range Vault. 2.5 All firearms that are assigned to the Range will be entered into the Range Inventory Database. These weapons shall only be used for training purposes and shall not be issued to Sheriffs Office Personnel. 2.6 Pursuant to BOC Resolution # will need to insert # when BOG resolution authorizing auction becomes final, a list of the firearms to be sold at a public auction will be forwarded to Central Services to conduct the sale of the weapons. The firearms will remain in a secure location at the Sheriff's Office until the auction. Notice of the sale shall be published in a newspaper of general circulation in Oakland County at least 5 days before the sale. 2.7 The public auction can be an online auction or an in-person auction. This decision will be made by the OCSO based on a recommendation from Central Services. The sale will be conducted by Central Services following its policy and procedures and County Rules. The OCSO will assist with the handling of the weapons. 2.8 Only a federally licensed firearms dealer who conducts business from a physical location / building open to the public for business may bid on a firearm being sold at a public auction. The firearms will be sold to the highest bidder who is a federally licensed firearms dealer. 2.9 After deducting the cost of the sale, including reasonable appraisal fees, proceeds from the public auction shall be deposited into Oakland County's general fund in accordance with the BOC Resolution # will need to insert # when BOC resolution authorizing auction becomes final, MCL 434.26, and MCL 434.173. 2.10 A receipt of the sale shall be permanently retained by the OCSO. All sales receipts shall be made available for inspection by the Michigan State Police, the State of Michigan, or Oakland County for auditing purposes. Michael J. Bouchard Sheriff MJB/CWW/rmy/raa Resolution #15070 March 18, 2015 The Chairperson referred the resolution to the Finance Committee, There were no objections. FISCAL NOTE (MR. #15070) April 2, 2015 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE — DISPOSAL OF FORFEITED, LOST, OR UNCLAIMED FIREARMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. Under the 1931 PA 328 (Firearms), 1987 PA 273 (Lost Property), and the 1959 PA 54 (Disposition of Unclaimed Stolen Property) the Sheriff's Office may dispose of forfeited and unclaimed firearms. 2. The Sheriff is requesting Board of Commissioner's approval to assign these types of firearms that are not required to be destroyed to the Sheriff's Office Range for training purposes or for sale at auction. 3. A list of forfeited, lost or unclaimed firearms will be presented to the County Executive Central Services Department to conduct the sale of the weapons at a public auction. 4. Proceeds from the sale of forfeited firearms shall be used by the Sheriff's Office for law enforcement purposes only. 5. The proceeds from the sale of lost or unclaimed firearms shall be receipted in the Oakland County's General Fund. 6. A budget amendment is not required at this time. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Matis absent. Resolution #15070 April 2, 2015 Moved by Spisz supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19) NAYES: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCI_ 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 2, 2015, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 2nd day of April 2015.