| Summary |
The bill creates procurement practices for firearms, ammunition,
and firearms accessories by the state. The bill applies to all bids the state
solicits, enters into, awards, amends, renews, or extends on and after
January 1, 2026, for procuring firearms, ammunition, or firearms
accessories from a contractor or bidder. During a governmental body's
contract solicitation process, request for proposal process, or request
during the term of a contract, a contractor or bidder shall follow a
procurement verification process (verification process) to confirm that the
contractor or bidder engages in safe business practices.
The attorney general shall assist the department of personnel in
developing processes and procedures to implement the verification
process.
Each law enforcement agency shall destroy and dispose of:
•
Service firearms that are retired, damaged, or declared
surplus by the applicable law enforcement agency;
•
Firearms purchased in a law enforcement agency buyback
program;
•
Firearms that are voluntarily surrendered to the law
enforcement agency for destruction; and
•
Any other firearms in the possession of the law
enforcement agency that are not in use or subject to an
investigation or criminal case.
If a peace officer receives one of these firearms, the peace officer shall
give the firearm to the peace officer's employing law enforcement agency.
The law enforcement agency may work with an organization or state
agency it contracts with to destroy and dispose of the firearm.
The bill requires each law enforcement agency in the state, on or
before September 5, 2025, to develop and maintain a policy on the
destruction of firearms. The policy must include a process to:
•
Identify and make a record of firearms that are required to
be destroyed;
•
Identify and make a record of firearms that are not required
to be destroyed;
•
Maintain the records of firearms to be destroyed; and
•
Destroy and dispose of the firearms.
Upon the written order of a court or the district attorney that the
retention of a firearm is necessary or proper in the pursuit of justice, the
peace officer and the peace officer's employing law enforcement agency
shall not destroy and dispose of the firearm. If the firearm is evidence in
a criminal case, the firearm must be retained.
A law enforcement agency shall not destroy and dispose of a stolen
firearm. Within 90 days after a recovered firearm is reported or identified
as stolen, a peace officer shall restore the firearm to the lawful owner
upon evidence of the lawful owner's identification of the firearm and
proof of ownership. If the lawful owner's identity and address is
reasonably ascertained and the lawful owner is given reasonable notice
by certified mail that the firearm was recovered but the lawful owner does
not respond within 60 days after the reasonable notice is given, the law
enforcement agency may destroy and dispose of the firearm.
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