(a) Pursuant to the authority of Penal Code § 12030, when the Police Department has custody of any firearms which may be useful to the California National Guard, the Coast Guard Auxiliary, or to any military or naval agency of the federal or state government, including but not limited to, the California National Guard military museum and resource center, it may, upon the authority of the Mayor and Common Council and the approval of the Adjutant General, deliver the firearms to the commanding officer of a unit of the California National Guard, the Coast Guard Auxiliary, or any other military agency of the state or federal government in lieu of destruction as required by this Chapter. The Police Department shall take a receipt for the firearms containing a complete description thereof and shall keep the receipt on file as a public record.
(b) When the Police Department has custody of any firearms, or any parts of any firearms, which are subject to destruction as required by this Chapter it may, in lieu of destroying the weapons, retain and use any of them as may be useful in carrying out the official duties of the Department, or upon approval of a court, may release them to any other law enforcement agency for use in carrying out the official duties of that agency, or may turn over to the criminalistics laboratory of the Department of Justice or the criminalistics laboratory of any other police department, sheriff's office, or district attorney's office any weapons which may be useful in carrying out the official duties of their respective agencies.
(c) Any firearm, or part of any firearm, which, rather than being destroyed, is used for official purposes pursuant to this section shall be destroyed by the Department or other agency using the weapon when it is no longer needed for use in carrying out official duties, and shall only be turned over to another agency pursuant to this Chapter if the Agency agrees in writing to not sell said firearm.
(d) The Police Department may, in lieu of destroying any firearms as required by this Chapter, obtain an order from the Superior Court directing the release of the firearms to the sheriff. The sheriff shall record a description of such firearms and release them to a basic training academy as provided in Penal Code § 12030(d)
(Ord. MC-894, 1-26-94; Ord. MC-892, 1-12-94)