Visalia Municipal Code Ch. 2.46 Sale and Transfer of Visalia Police Department Firearms and Badges

The purpose of this chapter is to set forth regulations governing the sale and transfer of Visalia police department service handguns to retiring or resigning officers.

(Ord. 2014-12 § 1 (part), 2014; Ord. 9922 § 1 (part), 1999)

For purposes of this chapter, certain terms are defined as follows:

“Badge” means the badge issued to officers that identify them as peace officers.

“Fair market value” means the resale value of the handgun in its current condition at the time of sale or transfer as established by the city's purchasing agent.

“Firearm” means the handgun issued to officers to carry during the course and scope of their employment as peace officers.

“Non-adverse circumstances” means leaving the department in good standing with no pending or recent disciplinary action. “Recent disciplinary action” means any disciplinary action having been imposed within one year prior to leaving the department.

“Police association” means the Visalia Police Association, Group “A” or Group “B.” (Ord. 9922 § 1 (part), 1999)

The chief of police, or designee, may sell or transfer to an officer his or her service handgun under the following circumstances:

A. The sale and transfer must not violate current state and federal laws that govern ownership sales, transfers or possession of service handguns.

B. Service handguns must be sold to the officer for a fair market value as established by the city's purchasing agent.

C. The Visalia Police Association or other acceptable, recognized group or organization may fund the purchase of the service handgun, but the title transfer must reflect the transfer of the service handgun from the Visalia police department to the officer.

D. Service handguns will only be sold or transferred to full time officers with twenty (20) or more years of accumulated service as a sworn police officer and who retire or resign under non-adverse circumstances.

(Ord. 2014-12 § 1 (part), 2014; Ord. 9922 § 1 (part), 1999)

It is declared to be the intention of the city council that the subsections, paragraphs, sentences, clauses, and phrases of this chapter are distinct and severable and, in the event that any subsections, paragraphs, clauses, and/or phrases are declared unconstitutional, invalid, or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity, or unenforceability shall not affect any of the remaining subsections, paragraphs, clauses, or phrases of this chapter. (Ord. 9922 § 1 (part), 1999)