(A) Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE PROCEDURES. Those regulations which the city creates relating to weapons disposition.
HISTORIC SIGNIFICANCE. Some special or important past.
LICENSED DEALERS. Those persons, firms, or other entities which hold current and valid governmental authorization to trade, sell or barter weapons.
PRESERVATION ENTITY. Any governmental or private agency, association, or organization that displays to the public for a fee or for free, weapons in their original condition or those that have been restored.
(B) General applications. All seized or appropriated weapons in the possession of the Apache Junction Police Department shall be generally handled as follows:
(1) Destroyed or disposed of in a manner the Chief of Police believes is commercially viable and appropriate under the following circumstances:
(a) Firearms that have been illegally modified or are specifically illegal to possess under Arizona or federal law.
(b) Firearms that were used in the commission of a crime, or that were used in the commission of a suicide, following the conclusion of the investigation/prosecution and with appropriate release from the prosecutorial agency involved. Such discretion noted above includes return of such weapons to their lawful owners as determined by the Chief of Police in consultation with the City Attorney.
(c) Firearms whose serial numbers have been altered or defaced, except for handguns which were manufactured before 1938 and long rifles manufactured before 1968. In such cases, the Chief of Police shall: 1) if they can be obtained, notify ATF; and 2) dispose of such weapons through an auction after having such firearms examined and valued by an expert as identified in division (C)(4) of this section. Such value shall be the opening bid price at any auction.
(2) Shall be subject to test firing if in the opinion of the Criminal Investigation Division Commander, such test firing is viable, with such results then being entered into the National Integrated Ballistic Information Network.
(C) Alternative dispositions. Weapons that are not destroyed pursuant to division (B) of this section may be disposed by one of the following methods:
(1) Returned to the lawful owner, if he or she is not a prohibited possessor as defined under A.R.S. § 13-3101 or otherwise has not been prohibited from possessing such weapon(s) pursuant to a plea agreement or court order.
(2) Converted to use by members of the City of Apache Junction Police Department in performance of their duties, as determined by the Chief of Police.
(3) Transferred to other law enforcement agencies for official law enforcement purposes, as determined by the Chief of Police.
(4) Transferred or sold to appropriate museums or other preservation entities if such weapons have historical significance, as determined by an expert in antiquities and rare items employed by the State of Arizona or a private museum.
(5) Offered at auction to licensed weapon dealers. Administrative procedures for the auction of firearms shall be followed in accordance with Arizona law.
(D) Fund allocation. Any funds collected as a result of City-initiated weapon auctions shall be placed in the City of Apache Junction General Fund and be specifically allocated to the Police Department budget.
(Ord. 1285, passed 2-20-2007; Am. Ord. 1374, passed 4-19-2011)