File #: 4357    Version: 0 Name: Jackson County Code, 1984 - firearms
Type: Ordinance Status: Passed
File created: 9/26/2011 In control: Justice and Law Enforcement Committee
On agenda: 9/26/2011 Final action: 10/3/2011
Title: AN ORDINANCE repealing section 1142., Jackson County Code, 1984, relating to the disposition of county-owned firearms, and enacting, in lieu thereof, on new section relating to the same subject.
Sponsors: Dan Tarwater III
Indexes: FIREARMS, JACKSON COUNTY CODE
Attachments: 1. 4357adopt.pdf
      IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
 
 
Title
AN ORDINANCE repealing section 1142., Jackson County Code, 1984, relating to the disposition of county-owned firearms, and enacting, in lieu thereof, on new section relating to the same subject.
 
 
 
Intro
ORDINANCE #4357, September 26, 2011
 
INTRODUCED BY Dan Tarwater, County Legislator
 
 
 
Body
WHEREAS, the Sheriff has advised that his office has numerous service weapons that are reaching the end of their useful lives and must soon be replaced; and,
 
WHEREAS, the Sheriff has requested that the Director of Purchasing be authorized to dispose of these excess, surplus, and obsolete weapons via sale, trade-in or other process as are authorized for the disposition of other surplus county-owned property; and,
 
WHEREAS, it is the Sheriff=s recommendation that any proceeds realized from a sale or trade-in of such weapons be credited to the purchase of new weapons from the same vendor or otherwise credited to his office=s budget to be utilized to acquire replacement weapons; and,
 
WHEREAS, the Legislature believes that the adoption of the Sheriff=s recommendations in this regard is in the best interests of the health, welfare, and safety of the citizens of Jackson County; now therefore,  
 
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause.  Section 1142., Jackson County Code, 1984, is hereby repealed, and one new section enacted in lieu thereof, to be known as section 1142.,  to read as follows:
 
1142.      Disposition of Firearms.
[Notwithstanding any other provision of this chapter to the contrary, county-owned firearms which have become unusable, obsolete, or otherwise excess to the county=s needs may not be used as trade-ins or sold, either by bid, auction, or at a garage sale.  Pursuant to  '1137. Of this chapter and in compliance with federal and state law, the purchasing director may transfer such firearms to a government law enforcement agency, for that agency=s permanent use without a right to further transfer.  If such firearms cannot be so transferred, they must be destroyed by whatever means the purchasing director deems appropriate.]  The Purchasing Director is authorized to dispose of surplus, excess, and/or obsolete county-owned service pistols, rifles, and/or shotguns, utilizing any and/or all of the procedures available in this chapter for the disposition of other county-owned property, provided that any such disposal or transfer must be conducted in strict accordance with state and federal law.  The listed firearms may be transferred to a federally-licensed firearms dealer as a component of a trade-in program offered by a distributor of products and services to public safety and law enforcement personnel, provided that distribution does not offer its products to civilians or the private sector.
 
 
Enacted and Approved
Effective Date:  This ordinance shall be effective immediately upon its signature by the County Executive.
 
APPROVED AS TO FORM:
 
 
______________________________              ____________________________
Chief Deputy County Counselor                  County Counselor
 
 
I hereby certify that the attached Ordinance, Ordinance #4357 introduced on September 26, 2011 was duly passed on October 3, 2011 by the Jackson County Legislature.  The votes thereon were as follows:
 
 
            Yeas _______8________            Nays _______0______
 
            Abstaining _____0______            Absent ______1______
 
 
This Ordinance is hereby transmitted to the County Executive for his signature.
 
 
____________________              ________________________________
Date                                           Mary Jo Spino, Clerk of Legislature
 
I hereby approve the attached Ordinance #4357.
 
 
____________________                   _________________________________
Date                                    Michael D. Sanders, County Executive