San Bernardino Municipal Code Ch. 8.65 Destruction of Weapons

Any weapon which is determined to be a nuisance pursuant to Cal. Penal Code, §§ 19190, 21310, 21390, 21590 and 29300 and is in the possession of the City Police Department shall, annually, in the month of July, or sooner, if necessary to conserve local resources including space and utilization of personnel who maintain files and security of those weapons, be destroyed so that it can no longer be used as such a weapon except upon the certificate of a judge of a court of record, or of the County District Attorney or of the City Attorney, that the retention of it is necessary or proper to the ends of justice.

(Ord. MC-892, passed 1-12-1994)

If any weapon has been lost or stolen and is thereafter recovered, or is used in such a manner as to constitute a nuisance pursuant to Cal. Penal Code, §§ 19190, 21310, 21390, 21590 and 29300 and § 8.65.010 of this municipal code, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed but shall be restored to the lawful owner, if his or her identity and address can be reasonably ascertained, as soon as its use as evidence has been served, upon his or her identification of the weapon and proof of ownership. Sufficient identification of ownership shall include, but shall not be limited to, a police report made at or near the time of loss or theft, or at or near the time of discovery of the loss or theft. A police report by itself listing the lost or stolen weapon is sufficient identification of ownership.

(Ord. MC-892, passed 1-12-1994)

(A) Pursuant to the authority of Cal. Penal Code, §§ 19190, 21310, 21390, 21590 and 29300, when the Police Department has custody of any firearms which may be useful to the California National Guard, the Coast Guard Auxiliary or to any military or naval agency of the federal or state government, including, but not limited to, the California National Guard military museum and resource center, it may, upon the authority of the Mayor and City Council and the approval of the Adjutant General, deliver the firearms to the commanding officer of a unit of the California National Guard, the Coast Guard Auxiliary or any other military agency of the state or federal government in lieu of destruction as required by this chapter. The Police Department shall take a receipt for the firearms containing a complete description thereof and shall keep the receipt on file as a public record.

(B) When the Police Department has custody of any firearms, or any parts of any firearms, which are subject to destruction as required by this chapter it may, in lieu of destroying the weapons, retain and use any of them as may be useful in carrying out the official duties of the Department, or upon approval of a court, may release them to any other law enforcement agency for use in carrying out the official duties of that agency, or may turn over to the criminalistics laboratory of the Department of Justice or the criminalistics laboratory of any other Police Department, Sheriff’s office or District Attorney’s office any weapons which may be useful in carrying out the official duties of their respective agencies.

(C) Any firearm, or part of any firearm, which, rather than being destroyed, is used for official purposes pursuant to this section shall be destroyed by the Department or other agency using the weapon when it is no longer needed for use in carrying out official duties, and shall only be turned over to another agency pursuant to this chapter if the Agency agrees in writing to not sell said firearm.

(D) The Police Department may, in lieu of destroying any firearms as required by this chapter, obtain an order from the Superior Court directing the release of the firearms to the Sheriff. The Sheriff shall record a description of such firearms and release them to a basic training academy as provided in Cal. Penal Code, §§ 19190, 21310, 21390, 21590 and 29300.

(Ord. MC-892, passed 1-12-1994; Ord. MC-894, passed 1-26-1994)

Pursuant to Cal. Penal Code, § 29300, when the Police Department retains or destroys a firearm pursuant to this chapter, it shall notify the Department of Justice of the retention or destruction. The notification of each firearm, including the name of the manufacturer or brand name, model, caliber and serial number.

(Ord. MC-892, passed 1-12-1994)

This chapter shall not apply to those firearms taken into temporary custody at the scene of domestic violence. Such weapons shall be disposed of as provided in Cal. Penal Code, § 18000, except that when such firearms are not claimed by or returned to the owners, they shall not be sold but shall be destroyed as provided in this chapter.

(Ord. MC-892, passed 1-12-1994)

The provisions of this chapter shall not apply to those weapons which are or may be evidence in either a criminal or civil case, which weapons shall be retained pending a final decision in such case.

(Ord. MC-892, passed 1-12-1994)

For the purposes of this chapter, weapon and firearm shall be synonymous and firearm shall have the definition provided in Cal. Penal Code, § 16520.

(Ord. MC-892, passed 1-12-1994)