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.