N.C. Law Bars L.E. Agencies From Destroying Guns

Oct. 10, 2013
The new state law that took effect on Sept. 1 prohibits L.E. agencies from destroying working weapons.

A new North Carolina law that prohibits police and sheriff's departments from destroying most confiscated weapons has the Wilmington Police Department rethinking its role in community buyback programs.

"We may change the way we've been involved," said WPD spokeswoman Linda Rawley.

In the past, WPD has participated in community gun buyback programs by providing security and taking procession of the guns, most of which are being prepared for destruction.

But a new state law that took effect Sept. 1 says police departments and sheriff's departments cannot destroy working weapons and instead have the following options for dealing with them: Officials can make them available for sale at public auctions by federally licensed firearms dealers, give them to museums or use them for training.

Sen. Andrew Brock, R-Davie, the bill's sponsor, said that it's an opportunity for guns that have been confiscated and cannot be returned to their rightful owners to be recycled.

"These weapons can have monetary value" that can be used by local police departments to upgrade their own equipment, he said.

"To me it's a win-win situation, kind of like recycling drink cans or bottles. It's a way local law enforcement can recycle and put more money into their gear," he said.

Rawley said the role previously played by the department in community buyback programs was to provide security and take procession of the guns.

The department may continue to provide security, but we "just wouldn't take" the weapons, she said.

One option could be to escort them to the metal shop where they're destroyed, she said.

Gov. Pat McCrory signed the measure into law in June. It passed the General Assembly generously, with support from Democrats and Republicans.

The new law includes weapons used as evidence in criminal court cases, that police have confiscated, and those voluntarily turned in to police.

Emily Flax, spokeswoman for the Brunswick County Sheriff's Office, said firearms can still be destroyed in certain instances. That is if they do not have a legible, unique identification number or if the weapon is unsafe for use because of wear, damage, age or modification.

Additionally, she said, a firearm seized as evidence "will be disposed of as ordered by the court."

Sgt. Jerry Brewer, spokesman for the New Hanover County Sheriff's Office, said the office's crime scene investigation unit is currently working with attorneys to ensure "we are following the new laws put into place."

"As long as it is not a gun used in a crime, we have to sell or trade the firearms," he said.

Rawley said that while WPD will comply with the law, the department has some concerns.

"I think the thing that gives us pause is we could be simply putting guns back in the hands of individuals that shouldn't have them, however, we will comply with the law," she said.

Copyright 2013 - Star-News, Wilmington, N.C.

McClatchy-Tribune News Service

Sponsored Recommendations

Voice your opinion!

To join the conversation, and become an exclusive member of Officer, create an account today!