EXECUTIVE ORDER D-7-99


WHEREAS, certain state agencies, departments and boards in the normal course of employment must possess and confiscate firearms, including assault weapons and other firearms which may not be lawfully possessed by the general public, and if sold or transferred, could unintentionally fall into the hands of dangerous criminals;

NOW, THEREFORE, I, GRAY DAVIS
, Governor of the State of California, do hereby find that the protection of the people of California is a first and foremost priority of government and, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California, do hereby issue this order to become effective immediately:

  1. Except as specifically required by law or court order, no state agency, department, board or commission shall sell, trade-in or transfer any firearm confiscated, and such firearms shall be destroyed; and
  2. Except as provided by Public Contract Code section 10334 (b)-(c) or specifically required by state law, state agencies, departments, boards and commissions shall dispose of firearms no longer in service by destroying the firearms or returning the firearms to the manufacturer for the purpose of receiving a discount toward the purchase of newer weapons; and
  3. Notwithstanding paragraphs 1 or 2 of this order, state agencies, departments, boards and commissions may transfer firearms to a public or private nonprofit museum if the weapons are curios or have museum value, or may sell, trade-in or transfer such weapons directly to or with another law enforcement agency; and
  4. All state agencies, departments, boards and commissions shall destroy any firearm defined by state law as an assault weapon that is confiscated or no longer in service, unless the firearm is sold, traded-in, or transferred to another law enforcement agency; and
  5. Notwithstanding paragraphs 3 or 4 of this order, no state agency, department, board or commission shall transfer any firearm to another law enforcement agency without first obtaining their written assurance that should they decide to dispose of the firearms at a later date, the firearms will be disposed of in a manner outlined in this order; and
  6. All other public entities are requested to take all necessary action to comply with the intent and the requirements of this executive order.