2005 Idaho Code - 55-403 — ABANDONED OR UNCLAIMED PROPERTY IN POSSESSION OF SHERIFF OR CITY POLICE DEPARTMENT -- SALE AT PUBLIC AUCTION

                                  TITLE  55
                             PROPERTY IN GENERAL
                                  CHAPTER 4
                              PERSONAL PROPERTY
    55-403.  ABANDONED OR UNCLAIMED PROPERTY IN POSSESSION OF SHERIFF OR CITY
POLICE DEPARTMENT -- SALE AT PUBLIC AUCTION. (1) Except as otherwise provided
in subsection (4) of this section, any personal property which has come into
the possession or custody of the sheriff of any county in this state or the
city police department of any city in this state by reason of the same having
been abandoned, impounded or otherwise left with the sheriff or city police
department, or if originally taken into custody under legal process, such
property has been lawfully released or discharged from the attachment or other
process under which it was taken into custody and which remains unclaimed or
unredeemed by the owner or one entitled to possession thereof for more than
six (6) months from the date of such abandonment, impoundment, leaving, or
release from attachment or other process under which the same was originally
taken into custody, as the case may be, shall be subject to sale by the
sheriff or city police department at public auction for cash on not less than
five (5) or more than ten (10) days' notice except as otherwise provided in
subsection (2) of this section, the conduct and notice of which sale shall be
given and had in conformity with sales on execution; provided, however, that
prior to public auction, bicycles need only be unclaimed or unredeemed by the
owner or one entitled to possession for more than ninety (90) days and that
personal property with a fair market value of less than twenty-five dollars
($25.00) need only be unclaimed or unredeemed by the owner or one entitled to
possession for more than thirty (30) days.
    (2)  Whenever the sheriff or city police department has knowledge of the
name and address of the owner or one entitled to possession of personal
property, a copy of such notice of sale at public auction as provided in
subsection (1) or of a bid for sale as provided in subsection (4) of this
section, shall be mailed to such owner or one entitled to possession, with
postage prepaid, at least fourteen (14) days prior to such sale.
    (3)  As many items of personal property may be noticed for sale and sold
at the same sale as the sheriff or city police department may deem advisable,
and said property may be sold singly or in lots or as a whole as the sheriff
or city police department may determine. The sheriff or city police department
shall give a bill of sale to the highest bidder upon payment of the amount bid
upon payment of the bid price.
    (4)  (a) Any firearm or ammunition that meets the established
    specifications for official law enforcement duty use and will be used for
    official law enforcement duty use and which has come into the possession
    or custody of the sheriff of any county in this state or the city police
    department of any city in this state by reason of the firearm or
    ammunition having been abandoned, impounded or otherwise acquired by the
    sheriff or city police department, or if originally released or discharged
    from the attachment or other process under which it was taken into custody
    and which remains unclaimed or unredeemed by the owner or person entitled
    to possession thereof for more than six (6) months from the date of such
    abandonment, impoundment, leaving or release from attachment or other
    process under which the firearm or ammunition was originally taken into
    custody, as the case may be, may be converted by the county sheriff or
    city police department in the county or city in which it was first
    acquired. A serial number record shall be maintained for all firearms thus
    converted, and such record shall include the description, acquisition and
    disposition for each firearm converted.
    (b)  Any firearm or ammunition not converted for official law enforcement
    duty use as provided in subsection (4)(a) of this section, where such
    firearm or ammunition may be lawfully possessed by a licensed firearm
    dealer, shall be subject to sale to a licensed firearm dealer by sealed or
    opened bids after notification as provided in subsection (2) of this
    section. If no sale is completed for the firearm or ammunition pursuant to
    this paragraph (b), the firearm or ammunition may be converted to public
    agency ownership for official law enforcement purposes provided an actual
    or appraised value is determined for each firearm  or any ammunition
    converted. If the firearm or ammunition is not converted, or if following
    conversion the firearm or ammunition is deemed unusable or unsafe, the
    firearm or ammunition may be scrapped by melting or other method of
    destruction. The public agency shall maintain procedures and records as to
    the acquisition, serial number, location, use and final disposition of the
    firearm.
    (c)  Notwithstanding any other provision of law, a court shall direct the
    county sheriff or city police department to dispose of any firearm that
    has been used in the commission of a homicide in a manner the sheriff or
    city police department deems appropriate, provided however, this paragraph
    (c) shall not apply to a firearm confiscated or otherwise acquired
    pursuant to an action under section 18-4009, 18-4011 or 18-4012, Idaho
    Code.
    (5)  Any public agency that confiscates a firearm shall maintain a serial
number record, including a record of the acquisition and disposition, of such
firearm and shall provide the firearm to the sheriff or city police department
in the county or city in which the confiscation takes place. The firearm shall
thereafter be handled in accordance with the provisions of this section.