State Agency Procurement & Disposal Certain Items
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.
(Note: This summary applies to this bill as introduced.)