Policy Text
Ref: CALEA
Standard 84.1.7
DEPARTMENTAL
GENERAL ORDER H-9 Rev.
21 May 01
Index as: Disposal of Firearms and Miscellaneous
Weapons
Firearms Disposal Weapons Disposal
Page 1 of 11
DISPOSAL OF FIREARMS AND MISCELLANEOUS WEAPONS
The purpose of this order is to set forth Department policy and pro cedures regarding the
disposal of firearms and weapons which have come into the custody of the Department
during the investigation of a suspected cr ime or at the request of a citizen.
I. FIREARMS AND WEAPONS WITHIN THE SCOPE OF THIS ORDER
The provisions of this order shall apply to firearms and weapons which come into
the custody of the Department under a ny of the following circumstances:
A. When firearms or weapons are concealed or carried in violation of Penal
Code Section 12020, 12025, or 12031, or which are classified as
nuisances as describe d in Penal Code Sec tions 12028 and 12276.
B. When firearms or weapons, the mere possession or carrying of which is
prohibited as described in Penal Code Sections 653k, 12020, 12021,
12029, 12091, 12220 or 12420. Such firearms and weapons include tear
gas weapons, machine guns, pistols or revolvers with altered or defaced
identifying marks, shotguns with a barrel length of less than 16 inches, or firearms made from a rifle or shotgun with an overall length of less than 26 inches, or any instrument or weapon commonly known as a blackjack, slingshot, billy club, karate sticks, metal knuckles, dirk, dagger,
switchblade knife, cane gun, wallet gun, ballistic knife , multiburst trigger
activator, nunchaku, belt buckle knife, leaded cane, zip gun, shuriken,
lipstick case knife, cane sword, shobi-zue, air gauge knife, writing pen knife, explosive bullets, any metal practice grenade, sap, or sandbag.
C. When firearms or weapons are used in the commission of a crime or in the possession of a person at the time of their arrest.
D. When firearms are taken into evid ence during the investigation of an
apparent suicide or an attempted suicide, or when they are confiscated
from a person detained or apprehended for examination of his/her mental
DEPARTMENTAL GENERAL ORDER H-9 Rev.
OAKLAND POLICE DEPARTMENT 21 May 01
condition, or from a person who, si nce 1 Oct 55, has been involuntarily
committed to a mental hospital for 30 days or more.
E. When firearms or weapons are received by the Department at the request
of a citizen for safekeeping, destructi on or as a gift to the Department, or
received by the Department as found property.
II.II. GENERAL INVESTIGATIVE PROCEDURES
A. A Found Property Report (TF-995) or Crime Report (536-933) shall be
prepared in all cases involving the receipt of a firearm or weapon.
B. Any member who takes possession of a firearm or weapon under
circumstances listed in Part I of this order shall pr operly deposit such
article into the Property & Eviden ce Unit in accordan ce with existing
Departmental directives.
C. Firearms or weapons seized by an outs ide agency shall not be accepted by
the Property & Evidence Unit until an appropriate Found Property or
Crime Report has b een completed.
Reports resulting from outside agency seizures shall be assigned to the
Criminal Investigation Division, Weapons Unit.
D. When a firearm or weapon is brought to the attention of a member of the
Department by a citizen for the purpose of destruction or as a gift to the
Department, or is found or received by a member as found property, the
member shall assume cu stody of the firearm or weapon and prepare:
a. Found Property Report
b. Property Record (336-804)
c. Evidence Tag (536-802)
d. Firearm Referral Slip (TF-654), if a firearm
e. Citizen Property Receipt (TF-1084), if received from a citizen
(submit original with repor t, copy to citizen); and
f. Deliver firearm or weapon to the Property & Evidence Unit.
III. DISPOSAL AUTHORIZATION
The following persons may authorize the di sposal of a firearm or weapon which
has been placed in the Prope rty & Evidence Unit under th e provisions of Part II,
A of this order.
A. The assigned follow-up investigator.
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DEPARTMENTAL GENERAL ORDER H-9 Rev.
OAKLAND POLICE DEPARTMENT 21 May 01
B. Any member specifically author ized by the Chief of Police.
C. The trial judge or his/her designee.
IV.IV. RESPONSIBILITIES
A. Follow-up Investigator
1. The assigned follow-up investigat or shall be responsible for
authorizing the disposal of firear ms or weapons in custody of the
Department as follows:
a. Firearms which were unlawfu lly possessed, carried or
concealed, or which were used in the commission of or attempt to commit a crime, sha ll be released for disposal
upon conclusion of the criminal case against the defendant
as provided in Penal Code Section 12028.
b. Prohibited firearms and weapons as described in Part I of
this order shall be disposed of or destroyed as provided in
Penal Code Sections 1418, 1419,