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Resolution 96-061-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington A RESOLUTION AUTHORIZING THE ) GRANT COUNTY SHERIFF TO DISPOSE ) OF JUDICIALLY FORFEITED FIREARMS ) RESOLUTION NO. 96-61 -CC BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON, as follows: WHEREAS, prior to June 30, 1993, RCW 9.41.098(2) provided that a court ordering the forfeiture of firearms would also set forth in the order how the firearms would be disposed of; and WHEREAS, RCW 9.41.098(2) was amended in 1993 to provide that firearms coming into the possession of a law enforcement agency after June 30, 1993, that are: (1) judicially forfeited and no longer needed for evidence; or (2) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010 may be disposed of in any manner determined by the local legislative authority; and WHEREAS, RCW 9.41.098 (2) (a) provides that any proceeds of an auction or trade may be retained by the legislative authority; and WHEREAS, with regard to firearms that come into the possession of the Grant County Sheriff's Office after June 30, 1993, absent some action by the Grant County Board of County Commissioners, the Grant County Sheriff's Office is limited to retaining judicially forfeited firearms as evidence or seeking a court order to destroy illegal firearms; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY as follows: A. Except as provided in subsections (b) and (c) of RCW 9.41.098(2), all firearms that come into the possession of the Grant County Sheriff's Office after June 30, 1993, that are: judicially forfeited and no longer needed for evidence; or forfeited due to a failure to make a claim under RCW 63.32. 010 or 63.40. 010 may be disposed of by the Grant County Sheriff's Office in its discretion and in compliance with RCW 9.41.098(2)(b) as follows: - 1 - 1. A maximum of ten percent of the forfeited firearms may be retained by the Grant County Sheriff's Office for agency use. 2. Forfeited firearms may be traded to commercial sellers for law enforcement equipment or supplies. 3. Forfeited firearms may be auctioned to commercial sellers. 4. Forfeited firearms may be destroyed. B . The proceeds of any auction or trade shall be used to fund law enforcement activities. ADOPTED by the Board of County Commissioners of Grant County, Washington, this 14 day of _JZ a 6 , 1996. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ATTEST: D Peggy *g; Clerk the Board APPROVED AS TO FORM: Pr utiAttorney Tim S ead, Chair elen Fancher, Member LeRoy llison, ember -2-