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Home » 2015 Issues » Vol. 2015, No. 16 (08/15/2015) » No. 39522 (Amendment): Rule R33-26. State Surplus Property

  No. 39522 (Amendment): Rule R33-26. State Surplus Property  

  • (Amendment)

    DAR File No.: 39522
    Filed: 07/20/2015 04:06:16 PM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    The purpose of this rule is to set forth policies and procedures for disposing of surplus firearms and ammunition from state agencies. This rule governs the destruction, sale, transfer, or donation of surplus firearms and ammunition.

    Summary of the rule or change:

    Amendments to this rule were made to comply with S.B. 122 of the 2015 General Session pertaining to the disposition of surplus firearms and ammunition.

    State statutory or constitutional authorization for this rule:

    • Title 63A, Chapter 2

    Anticipated cost or savings to:

    the state budget:

    There are no anticipated costs or saving that are expected. The amendment to this rule simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

    local governments:

    There are no anticipated costs or saving that are expected. The amendment to this rule simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

    small businesses:

    There are no anticipated costs or saving that are expected. The amendment to this rule simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

    persons other than small businesses, businesses, or local governmental entities:

    There are no anticipated costs or saving that are expected. The amendment to this rule simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

    Compliance costs for affected persons:

    There will be no compliance costs because the amendment simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

    Comments by the department head on the fiscal impact the rule may have on businesses:

    There are no anticipated affects that this rule will have on businesses. The amendment to this rule simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

    Kimberly Hood, Executive Director

    The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

    Administrative Services
    Purchasing and General Services
    Room 3150 STATE OFFICE BLDG
    450 N STATE ST
    SALT LAKE CITY, UT 84114-1201

    Direct questions regarding this rule to:

    Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

    09/14/2015

    This rule may become effective on:

    09/21/2015

    Authorized by:

    Kent Beers, Director

    RULE TEXT

    R33. Administrative Services, Purchasing and General Services.

    R33-26. State Surplus Property.

    R33-26-501. Surplus Firearms and Ammunition.

    This subsection sets forth policies and procedures for disposing of surplus firearms and ammunition from state agencies .[and participating local agencies, as authorized in Section 63A-2-4.] This rule governs the destruction, sale, transfer, or donation of surplus firearms and ammunition.[to any agency or to the general public.]

     

    R33-26-502. Procedures.

    (1) All state owned firearms and ammunition shall be disposed of under the [general ]provisions of this Rule.

    (a) The sale of firearms and ammunition directly to the general public by [the division]a state agency is prohibited.

    (b) Hunting and sporting rifles meeting Federal Firearms regulations may be sold only to firearms dealers licensed by the Federal Bureau of Alcohol, Tobacco and Firearms.

    (c) Except as provided in [this ]subsection (c), [handguns]firearms and ammunition shall be transferred to the Utah State Public Safety Crime Lab for use or destruction[to be destroyed].

    (i) The owning agency may trade in a [handgun]firearm[into]toa licensed firearm dealer for credit toward the [current ]purchase of a new [handgun]firearm.

    (ii) The owning agency may trade in ammunition to a licensed firearm dealer or ammunition vendor under contract with the state toward the purchase of new ammunition.

    [(ii)](iii) [The division]A state agency may authorize the sale of [a handgun]firearms or ammunition to a legally constituted law enforcement agency.

    [(iii)](iv) [The division]A state agency may authorize the sale of a [handgun]firearmto a POST certified individual , provided a record with the following information is maintained:[if the owning agency submits a signed request that includes:]

    (A) the individual's name;

    (B) the serial number of the [handgun]firearm to be sold; and

    (C) the signature of an authorized agent of the owning agency.

    (2) All firearms retained by [the division]a state agency shall be in accordance with Federal Firearms regulations pursuant to Sections 921(a)(19) and 922(s) of Title 18, United States Code.

    (a) Written certification that surplus firearms meet federal firearms regulations shall be provided by the owning agency or a qualified armorer.

    [(3) All firearms retained by the division shall be in good working condition.

    (a) Written certification specifying the condition of surplus firearms shall be provided by the owning agency or a qualified armorer.

    ]

    KEY: government purchasing, procurement rules, state surplus property, general procurement provisions

    Date of Enactment or Last Substantive Amendment: [ June 10, ]2015

    Authorizing, and Implemented or Interpreted Law: 63A-2

     

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Document Information

Effective Date:
9/21/2015
Publication Date:
08/15/2015
Type:
Notices of Proposed Rules
Filed Date:
07/20/2015
Agencies:
Administrative Services, Purchasing and General Services
Rulemaking Authority:

Title 63A, Chapter 2

Authorized By:
Kent Beers, Director
DAR File No.:
39522
Summary:

Amendments to this rule were made to comply with S.B. 122 of the 2015 General Session pertaining to the disposition of surplus firearms and ammunition.

CodeNo:
R33-26
CodeName:
{33757|R33-26|R33-26. State Surplus Property}
Link Address:
Administrative ServicesPurchasing and General ServicesRoom 3150 STATE OFFICE BLDG450 N STATE STSALT LAKE CITY, UT 84114-1201
Link Way:

Alan Bachman, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov

Paul Mash, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov

Nicole Alder, by phone at 801-538-3240, by FAX at , or by Internet E-mail at nicolealder@utah.gov

AdditionalInfo:
More information about a Notice of Proposed Rule is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2015/b20150815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. Text to be deleted is struck through and surrounded by brackets ([example]). ...
Related Chapter/Rule NO.: (1)
R33-26. State Surplus Property