OK the commissioners are going to sell some surplus guns that the sheriff's office has. Other than complying with the surplus property provisions of 263.151 et. seq. of the Texas Local Gov�t Code, is there anything else we need to do? Background checks? what do we do if we find a buyer with a shady past - I mean what rules pertain to intepreting the background checks? TAC thinks we comply with surplus property and we're fine. Just wanted to see if anyone else ran into this. surely we're not the first to sell surplus guns right?

that is why we have never done it.....if they aren't useable for law enforcement purposes we always get a destruction order and chop them up....
i can just imagine the outcry if one was used in the commission of a crime or a child ended up getting hurt etc....and i know it isn't the county's fault, but the small amout of money hasn't been worth the risk and potential bad press.
just my $.02 worth....
curious what others are doing as well.

If a LE org can use a forfeited weapon, they get to keep them (on the off chance it's a serviceable weapon for patrol, swat, or undercover). Otherwise they get chopped in half and scrapped. The potential sales aren't worth the potential liability.

I thought the original question was about weapons that are surplus property and not forfeited weapons. When our Sheriff's department has upgraded or otherwise replaced weapons they have been able to effect a trade with a licensed gun dealer and at least that way we have some assurance that the subsequent purchaser was subject to ATF requirements for the purchase.

Before anyone goes and cuts up SURPLUS property (weapons or otherwise) the commissioners court needs to have attempted to sell the property and received no bids.

Weapons FORFEITED under 18.19 shall be destroyed or used for law enforcement. That Art. does not provide for any sale of a forfeited weapon.

Weapons FORFEITED under Chapter 59 are subject to being sold in the same manner as surplus property, so presumable you would need to try to sell the property before destroying or disposing of as worthless property.

[This message was edited by John Greenwood on 11-08-10 at .]

The regulations governing sales of state-owned surplus property avoid the shady buyer issue by allowing only licensed firearm dealers to buy surplus guns.