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481 Disposal of FirearmsCITY OF YELM ORDINANCE NO. 481 AN ORDINANCE ESTABLISHING A POLICY FOR DISPOSAL OF FIREARMS. WHEREAS, the City of Yelm Police Department periodically takes possession of firearms, and WHEREAS, the Yelm City Council chooses to establish a disposal policy meeting all State and Bureau of Alcohol Tobacco and Firearms regulations, NOW, THEREFORE, THE CITY OF YELM, STATE OF WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Except as provided in sections 2 and 3 of this ordinance, all firearms that come into the possession of the Yelm Police Department after September 22, 1993 that are judicially forfeited under 9.41.098 RCW and no longer needed for evidence, or forfeited due to a failure to make a claim under 63.32.010 or 63.40.010 RCW, may be disposed of by the Yelm Police Department in it's discretion as follows: 1. Retained for agency use 2. Traded to commercial sellers 3. Auctioned or commercial sellers 4. Destroyed. Section 2. All firearms that are "antiques" as defined by 9.41.150 RCW, or recognized as curios, relics, and firearms of particular historical significance by the Bureau of Alcohol Tobacco and Firearms (or any successor agency) shall not be retained for agency use or destroyed. Section 3. All firearms that are illegal to possess, as defined in Section 4, shall be destroyed, and shall not be retained, traded or auctioned. If firearms otherwise illegal to possess may be rendered legal to possess by removal or alteration of component parts, the Yelm Police Department may, in its discretion, effect such removal or alteration, and may thereafter dispose of the firearm under Section 1 of this ordinance. Section 4. "Firearms that are illegal to possess" means firearms that are illegal to possess as a private citizen under state or federal law. Section 5. Any proceeds from the trade or auction of firearms shall be used by the Yelm Police Department. CITY OF YELM PAGE 1 ORD #481 Section 6. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. This ordinance shall take effect on September 22, 1993, being a date not less than five (5) days following publication. Adopted this 8th day of September, 1993. K thryn W lf, yor ATTEST: ~~ ~r ~~~ Agn s P. Colombo, City Clerk PASSED AND APPROVED: September 8, EFFECTIVE: September 22, 1993 PUBLISHED: Nisqually Valley News, 1993 September 16, 1993 CITY OF YELM ORD 11481 PAGE 2