FIREARMS

Guidance and Requirements for Reporting Excess Firearms

Executive agencies must report firearms defined as handguns, rifles, shotguns and light individual automatic firearms, all less than .50 caliber in FSC 1005; and rifle and shoulder fired grenade launchers in FSC 1010, regardless of unit cost, when assigned a disposal Condition Code of 4 or better. Condition Code 4 is defined as property showing some wear but usable without significant repair.

The legislative and judicial branches are encouraged to report and transfer excess personal property and fill their personal property requirements from excess in accordance with the provisions in Title 41,Section102-36.15.

Unless the agency has specific statutory authority to do so, excess firearms may be transferred only to those federal agencies authorized to acquire firearmsfor official use, reference Section101-42.1102-10(a)(2). Firearms not transferred or donated must be destroyed and sold as scrap, Section 102-36.375. For additional guidance on disposition of firearms, refer to FPMR101-42.

Reports of excess reportable firearms and requests for their transfer must be submitted to the General Services Administration, Property Management Division (8QSC) Denver, CO 80225-0506, (Section 101-42.1102-10(a)(1).Agencies are encouraged to contact this office for guidance prior to reporting excess firearms. The direct line is (303) 236-7707.

GSA Bulletin FPMR H-75 issued July 23, 1999, stipulates that each firearm will be reported as a single item per report to include serial number, make and model.

GSA Bulletin FPMR H-79 issued December 2, 1999, addresses the requirement to identify each firearm reported to GSA that was acquired through abandonment or forfeiture.

Refer to Subpart 101-48.1, Utilization of Abandoned and Forfeited Personal Property; and Section 101-48.101-5(d) (2), Forfeited firearms not desired for retention by the seizing agency, except those covered by paragraphs (c) (1) and (2) of this section, shall be reported, provided such firearms are in excellent serviceable condition and known to be used for law enforcement or security purposes or are sufficiently unusual to be of interest to a federal museum. Forfeited firearms not reportable in accordance with the foregoing criteria shall be destroyed and disposed of pursuant to Section101-48.303.

Note: Firearms are prohibited from the exchange/sale authority underSection 102-39.45(a).

Guidance on Obtaining Excess Firearms through the Utilization Program

Firearms are available for searching and selecting through GSAXcess®. GSAXcess® is the customer interface to the Federal Disposal System (FEDS).

Firearms transfer orders, either manually prepared (SF-122) or transmitted by electronic media (FEDS) or any other transfer form specified and approved by GSA, must be submitted to the General Services Administration, Property Management Division (8QSC) Denver, CO 80225-0506. (Section 102-36.125(a), (b)

Handguns, rifles, shotguns and individual light automatic firearms, all less than .50 caliber in FSC 1005; and rifle and shoulder fired grenade launchers in FSC 1010, regardless of unit cost, and assigned a disposal Condition Code of 4 or better, are available for transfer.

Unless an agency has specific statutory authority to do so, excess firearms may be transferred only to those federal agencies authorized to acquire firearms for official use. (Section 101-42.1102-10(a)(2).

Transfer orders requesting the transfer of forfeited or voluntarily abandoned firearms shall set forth the need for the property by the requesting agency, Section 101-48.101-6(e).

Excess firearms may be obtained from another federal agency by means of direct transfer, provided the total acquisition cost does not exceed $10,000 per line item; that an authorized official of an agency signs the transfer document; and provides a copy of that document to the Denver regional office within 10 workdays from date of transaction. An agency must contact the Denver regional office for verbal approval prior to initiating a direct transfer, if the line item exceeds $10,000. The transfer document must include the name of the GSA approving official, the date of approval, and a copy furnished to the Denver regional office within ten (10) workdays from date of the transaction, Section102-36.145.

Guidance on Obtaining Surplus Firearms through the Donation Program

All donations are processed through participating State Agency for Surplus Property (SASP) offices. Interested law enforcement agencies should contact their respective SASP as the first step in this process.

Surplus handguns, rifles, shotguns, and individual light automatic firearms, all less than .50 caliber in FSC 1005; and rifle and shoulder fired grenade launchers in FSC 1010, regardless of unit cost, when assigned a disposal Condition Code of 4 or better, are available for donation to eligible law enforcement entities for law enforcement purposes only,Section101-42.1102-10(b).

Surplus firearms may be obtained for use by state and local law enforcement activities whose primary function is the enforcement of applicable federal, state and local laws and whose enforcement officers are compensated and have powers to apprehend and to arrest, Section 102-37.240. Firearms available for donation must be surplus to federal use and may not be seized or forfeited.

There is a perpetual restriction on all donated firearms which begins the day the donee takes possession of the firearms. The federal government retains title to the firearms. The donee shall comply with all applicable federal, state and local firearms registration and use requirements.

Special handling requirements apply to firearms. The Firearms Conditional Transfer Document (FCTD) and accompanying Firearms Donation Transfer Guidelines containthese special terms and conditions, must be completed and submitted with the SF-123. (Section 101-42.1102.10(b))

Note: Firearm ammunition may not be donated, Section 101-42.1102-10(b)(5).

H Jan Faulkner

Director, Property Management Division

Bldg. 41, Room 253 DFC

Denver, CO 80225-0506

Phone: (303) 236-7700

Fax: (303) 236-7544

Email: