01/30/1996 03:30 PM Senate STA

                                                                               
        SB 219 DISPOSAL OF FIREARMS BY PUBLIC AGENCIES                       
                                                                               
 TAPE 96-5, SIDE A                                                             
                                                                               
 Number 001                                                                    
 CHAIRMAN SHARP called the Senate State Affairs Committee to order             
 at 3:30 p.m. and brought up SB 219 as the first order of business             
 before the committee.  The chairman called the prime sponsor to               
 testify.                                                                      
                                                                               
 Number 015                                                                    
                                                                               
 SENATOR MIKE MILLER, prime sponsor of SB 219, informed the                    
 committee that last June the Department of Administration decided             
 to destroy excess handguns that were either acquired through                  
 confiscation or were surplus from the Department of Corrections or            
 Department of Public Safety.  Past practice was to dispose of these           
 weapons through the Surplus Property Program.  SB 219 would make              
 the state dispose of excess firearms through firearms dealers.                
 Senator Miller relayed information contained in his sponsor                   
 statement.  He thinks the current practice of destroying weapons              
 appears to be a philosophical bent against firearms.                          
                                                                               
 Number 075                                                                    
                                                                               
 SENATOR RANDY PHILLIPS asked what the normal process is for                   
 disposing of seized or surplus property.  He asked if other seized            
 property, such as boats and cars, are ever destroyed.                         
                                                                               
 Number 082                                                                    
                                                                               
 GRETCHEN PENCE, Special Assistant to the Commissioner, Department             
 of Public Safety (DPS), stated that seized property is sometimes              
 returned to the owner.  As a routine, that property is routinely              
 turned over to the Department of Administration (DOA) for disposal.           
 DPS does not auction or dispose of property.                                  
                                                                               
 SENATOR RANDY PHILLIPS asked what the general policy is for dealing           
 with disposal of property.  He wants to know if firearms are                  
 singled out for destruction.                                                  
                                                                               
 MS. PENCE responded that property is destroyed for health and                 
 safety reasons.                                                               
                                                                               
 SENATOR RANDY PHILLIPS thinks it sounds like the current firearms             
 policy is an exception to the rule in terms of disposal of                    
 property.  He asked Ms. Pence if perfectly good vehicles are                  
 destroyed.                                                                    
                                                                               
 MS. PENCE replied that, to her knowledge, they do not.                        
                                                                               
 Number 127                                                                    
                                                                               
 SENATOR DUNCAN asked Ms. Pence for the administration's position.             
                                                                               
 MS. PENCE responded that the administration's position is that                
 confiscated and surplus firearms will not be resold to the public.            
                                                                               
                                                                               
 Number 168                                                                    
                                                                               
 SENATOR DUNCAN asked if the administration's position on SB 219 was           
 that they opposed it.                                                         
                                                                               
 MS. PENCE replied the administration's position is that the bill is           
 not necessary.  There is a policy in place that deals with the                
 disposal of these firearms.                                                   
                                                                               
 Number 173                                                                    
                                                                               
 SENATOR LEMAN asked for the reasoning behind the administration's             
 policy: it doesn't make sense to him that the state would destroy             
 those resources.                                                              
                                                                               
 MS. PENCE responded it is the administration's position that it               
 should not be in the business of reselling handguns to the public.            
                                                                               
 Number 203                                                                    
                                                                               
 SENATOR LEMAN doesn't disagree that the state shouldn't be in the             
 retail business, but the state is involved in many other                      
 businesses.  It seems to be an inconsistent application of policy             
 regarding disposal of excess property.                                        
                                                                               
 Number 220                                                                    
                                                                               
 SENATOR RANDY PHILLIPS agreed with Senator Leman that the                     
 administration's policy seems inconsistent.  He views these                   
 firearms as another piece of property seized by the state.  It                
 sounds to him as though firearms are being singled out.                       
                                                                               
 Number 240                                                                    
                                                                               
 SENATOR DONLEY commented that he has heard that one of the excuses            
 given for destroying saturday night specials is that they are                 
 inexpensive.  He finds that argument extremely objectionable: the             
 second amendment of the United States Constitution protects poor              
 people as well as rich people.  Poor people should have access to             
 firearms for protection, as well as rich people.                              
                                                                               
 SENATOR LEMAN noted that a very well-qualified firearms collector             
 viewed the collection of guns destroyed by the state, and there               
 were some real treasures destroyed.                                           
                                                                               
 SENATOR LEMAN made a motion to discharge SB 219 from the Senate               
 State Affairs Committee with accompanying fiscal notes from the               
 Department of Public Safety and the Department of Community &                 
 Regional Affairs with individual recommendations.                             
                                                                               
 Number 265                                                                    
                                                                               
 CHAIRMAN SHARP, hearing no objection, ordered SB 219 released from            
 committee with individual recommendations.