Cloaked in secrecy, a vehicle leaves a State Police facility every other month carrying 800 guns - and they're not headed to any barracks or law enforcement agency.

Instead, they are on their last trip - a trip to an out-of-state foundry where they will be melted into scrap metal.

"It costs us nothing," said Sgt. Paul Vance, a state police spokesman. "We get rid of the guns. The foundry keeps the metal."

He also said: "It beats the old way of filing the weapons and breaking them apart."

Most of the guns represent evidence recovered in criminal cases across the state.

Others were found at crime scenes, surrendered as part of a domestic violence case or just no longer wanted.

When these guns are ordered destroyed by a court and space becomes limited in local department evidence rooms, they are driven to the state police vault.

State police refuse to disclose the site of the vault, the location of the foundry, the type of vehicle used for the final ride or when that ride takes place.

"This is a super secret operation," Vance said. "We want to keep it that way."

State police Lt. Sarah Kasacek, who oversees the destruction, said there has never been an attempt to hijack the vehicle.

"We want to keep it that way," she said explaining the need for secrecy. "Look at the nature of what's happening today. You never want to give terrorists the opportunity."

State troopers transport the guns to the foundry and remain there until all the weapons are destroyed, said Kasacek, who for the last year has been the commanding officer of the State Police Regulatory Services, which involves awarding pistol permits and licensing private detectives, bondsmen and security guards.

The state police lieutenant said approximately 4,300 guns were destroyed in 2000 the most for the program. The number dropped to 3,300 in 2001; 2,700 in 2002 and 2,300 last year.

"We had allowed a lot of guns [to] accumulate before destroying them," she said explaining the large number in 2000.

Sheila Santiago, a spokesperson for the Bridgeport Police Department, said her department uses the state police to destroy weapons seized or turned in.

Santiago said Bridgeport delivered 510 guns to the state police in 2001, 378 in 2002, 71 in 2003 and 50 so far this year.

She said the large numbers in 2001 and 2002 resulted from a buildup of weapons being held as evidence.

"We began a project to clean them out," she said.

So far this year, Bridgeport police have seized 51 guns during arrests, while another 32 have been turned in as being found or for safekeeping. None have been destroyed yet.

She said all the guns undergo ballistic testing to determine if they can be linked to a crime.

Guns taken from crime scenes account for the largest portion of those stockpiled, Kasacek said, followed by those that come from domestic violence cases.

In those instances, people have a week to make arrangements to transfer the firearms to another owner before they are required to turn in the guns.

If they are turned in to the state police, Kasacek said they are kept for a year before being destroyed.

"A lot of these are hunting rifles," said Kasacek. "We try to maintain them so they are not damaged."

Nevertheless, she said the occasional widow shows up with guns her late husband owned.

In addition to the state police, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosive Devices destroys weapons.

"Firearms taken in to ATF custody for adopted cases are returned to the police department that originally seized them," said Dennis Turman, who heads ATF investigations in southern Connecticut. "Firearms taken into custody by ATF through controlled or undercover purchases are considered ATF property and destroyed at the conclusion of the case."

But before the forfeiture or destruction of any firearm, ATF runs then through the National Crime Information Center and National Tracing Center, Turman said. This identifies whether the weapon was involved in any crime or was stolen.

"If a lawful owner is discovered and the owner is not prohibited under state or federal law from possessing the firearm, then efforts are made to return the firearm," he said.

State police use a computerized system to keep track of the guns, which are checked coming in and going out, said Kasacek.

"You name it, we've got it - rifles, shotguns, cheap Saturday night specials," said Vance. "Once a court orders them destroyed, a department physically must bring them to us."

In some cases, the department or the state police might ask the court to allow them to keep a weapon.

"It might be something we need for training purposes or something we never saw," he said. "If there is an intact sniper rifle, a SWAT [division] might want it."

Ammunition goes to the state police for training purposes, Vance said.

Assistant State's Attorney Craig Nowak said Bridgeport police keep guns seized as evidence in their property room.

"Once the case is over, a judge will order the weapon destroyed," Nowak said. "If the firearm had been stolen, we'll try to return it to its rightful owner. But they must show legitimate proof." - http://www.connpost.com/Stories/0,1413,96~3750~2111136,00.html

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August 31, 1999 99-R-0844

By law, when the court judges any gun to be contraband or a nuisance, it must order the State Police to destroy it, use it, or sell it at public auction. The Department of Environmental Protection (DEP) has the same options with regard to guns forfeited to the state for certain hunting violations. The agencies keep a few of the high quality guns. All the others are destroyed. The state, pursuant to a Department of Public Safety administrative order, discontinued gun auctions in 1992.

Guns surrendered to the State Police because the owners have become ineligible to continue to possess them are destroyed if they are not claimed or transferred to eligible people within one year. Most of the guns given or voluntarily surrendered to the State Police are usually destroyed. The agency keeps the remaining ones for its own use.

The State Police have traded in some of their old guns to manufacturers in the past. The last trade-in was in 1996. The contract stipulated that none of the used guns should be resold in the state, except to law enforcement officers.

The court must turn over to the State Police for destruction, agency use, or disposal at public auction any guns it judges to be contraband or a nuisance (CGS § 54-36e). In practice, the courts instruct the State Police how to dispose of the guns by checking one of these options on a preprinted court order (Attachment 1). According to the State Police, in a few cases when courts have ordered high quality guns destroyed, the agency asked the courts to change the order to allow them to keep the guns.

Guns ordered forfeited to the state by the court for jacklighting offenses or making materially false statements on hunting permit applications or deer killing reports must be turned over to the DEP commissioner. He may retain them for department or other state agency use, sell them at public auctions, or destroy them (CGS §§ 26-85 and 26-90).

Until 1992, The Surplus Property Programs office in the Department of Administrative Services' (DAS) Bureau of Purchases conducted the gun auctions for DEP and the State Police. DAS scheduled the auctions, prepared auction catalogs, conducted the auctions, and took care of the paperwork. The State Police destroyed unsold guns. DAS gun auctions were discontinued in 1992 after then public safety commissioner Nicholas Cioffi issued an administrative order instructing the State Police to end the practice (Attachment 2). The State Police now destroy most contraband guns the courts turn over to them and the guns forfeited to DEP. Both agencies keep a few of the high quality ones for their own use (e. g. testing, training, research, and as service weapons).

So what has Sportsmen lobbying done on this issue? We passed the bill and then modified it twice more. Obviously there has been support in the General Assembly (note the bold in statute history) and the Legislative intent of the law is obvious - note in the title, Sale at public auction. The problem has been with two Administrations -Weicker & Rowland. We have not been lax there either. Meetings/consultations/letters have been accomplished repeatedly with the Governor, Commissioners and the Governor’s Chiefs of Staff - to no avail.

Sec. 54-36e. Firearms to be turned over to state police. Sale at public auction. (a) Except as provided in sections 26-85 and 26-90, firearms, adjudged by the court to be contraband pursuant to subsection (c) of section 54-36a, or adjudicated a nuisance pursuant to section 54-33g, shall be turned over to the Bureau of Identification of the Connecticut Division of State Police within the Department of Public Safety for destruction or appropriate use or disposal by sale at public auction.
(b) Firearms turned over to the state police pursuant to subsection (a) of this section which are not destroyed or retained for appropriate use shall be sold at public auctions, conducted by the Commissioner of Administrative Services or such commissioner's designee. Pistols and revolvers, as defined in section 53a-3, which are antiques, as defined in section 29-33, or curios or relics, as defined in the Code of Federal Regulations, Title 27, Chapter 1, Part 178, or modern pistols and revolvers which have a current retail value of one hundred dollars or more may be sold at such public auctions, provided such pistols and revolvers shall be sold only to persons who have a valid permit to sell a pistol or revolver, or a valid permit to carry a pistol or revolver, issued pursuant to section 29-28. Rifles and shotguns, as defined in section 53a-3, shall be sold only to persons qualified under federal law to purchase such rifles and shotguns. The proceeds of any such sale shall be paid to the State Treasurer and deposited by the State Treasurer in the forfeit firearms account within the General Fund.
(P.A. 76-77, S. 5; P.A. 77-614, S. 486, 610; P.A. 85-263, S. 4; P.A. 87-257; P.A. 00-192, S. 42, 102.)
History: P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 85-263 added provisions re disposal of firearms at public auction; P.A. 87-257 amended Subsec. (b) to permit more than one annual auction of firearms by deleting restriction that firearms be sold at a public "auction held annually on or before the thirtieth of June"; P.A. 00-192 amended Subsec. (b) to require sale proceeds to be deposited in forfeit firearms account [ to support the state-wide firearms trafficking task force] and made technical changes for purposes of gender neutrality, effective July 1, 2000.

DEP Statute: Sec. 26-90. (b) ….. Any firearm, shell, cartridge and any other weapon and any other device used, or intended to be used, and found by the trial court to have been in the possession of any person charged with a violation of this section or any provision of section 26-82 or section 26-86a, when such person is convicted, or upon the forfeiture of any bond taken upon any such complaint, shall be ordered by the trial court to be forfeited to the state and all such articles shall, by order of said court, be turned over to the commissioner and may be retained for use by the department or assigned by the commissioner to any other state agency, may be sold by the Commissioner of Administrative Services at the request of the commissioner or may be destroyed at the discretion of the commissioner. All money collected as a result of any such sale shall be transmitted to the State Treasurer and by him be deposited to the General Fund. [With no auctions/data we wonder how many treestands and other hunting items have been confiscated which could currently be used to generate revenue.]

REVENUE: According to State Police data "The total number of firearms confiscated in the last five years (1988-1992) is 11,002." One-third of these firearms are rifles/shotguns. Auction data indicates an average value of $110 (3600 x $110 = $396,000/5 = $79,200/yr. Handguns (2/3) average $185. Some of these handguns do not fit the over $100 criteria, therefore the evaluation is based upon 50% (3600 x $185 = $666,000/5 = $133,200/yr. Parts (stocks, rifle/shotgun receivers, barrels, magazines, etc) will generate additional revenue. At a minimum, potential auction sales can account for >$210,000/yr revenue. These figures do not reflect a registration fee of $2/person, sales tax generated, or expenses incurred. [These figures differ from the 2300-3300 current guns confiscated (2000 to 2003), but the current value of firearms and criminal upgrade of handguns (no SNS) has probably increased.]

Dear Governor Rowland,

Thank you for agreeing to meet with our representatives, on June 12 at 2pm, concerning what we consider to be critical issues to both Connecticut sportsmen and to the Administration. Attendees will be Attorney Bruce Stern, President of The Coalition of CT Sportsmen; Doctor John DiFederico, CT Gun Guild; Lauren Rowley, NRA-ILA State Liaison; and myself.

The following is a proposed agenda:

1) Reinstate the state confiscated firearms auctions, eliminated due to an alleged executive order issued by then Gov. Weicker. Potential revenue gain: $300,000 annually (CGS Sec 54-36e).

Dear Governor Rowland,

This letter and associated documents are in response to your request made during our recent meeting (6/13/95), and relates to the re-establishment of public auctions of seized firearms which were curtailed by an administrative order by the Commissioner of Public Safety under the Weicker administration.

Data:

Sportsmen initiated legislation in 1982 (PB 5154, Rowland cosigner). Public Act 85-263 authorized the basic statute; PA 87-257 authorized multiple yearly auctions. (Enclosure 1, CGS Section 54-36e).

Opposition to auctions has been (1) the state shouldn't be in the gun business, and (2) the state should not add to the number of guns in circulation. We believe both positions are without merit. (See Enclosure 2, Fact Sheet 5/93). There has been no public sentiment , pro or con.

Auction procedures are stringent (Enclosure 3, OLR Research Document 10/89 and Enclosure 4, DAS Procedures). There has been no reported instance of auctioned firearms subsequently used in criminal activity.

Office of Fiscal Analysis indicates revenue of $100,000/year, while actual 91,92 revenue was $140,000 and $124,000 respectively (Enclosure 5, HB 6633, 1993). Additionally, most guns are not auctioned. We believe thousands of firearms are currently residing in state and local evidence lockers. Enclosure 6 (CSP Recovered Firearms Data) when compared to firearms actually auctioned (150 average/auction with 3-4 auctions per year) appears to substantiate our position. Underestimates and potential appear embedded in the bureaucratic mentality (Enclosure 7, Ltr, Examiner of Seized Property, 2/82).

A significant percentage of the firearms are high quality (Enclosure 8, Partial list handgun auctions). "Junk" handguns are discarded by statute (under $100 retail) by a paid appraiser, and do not comprise a high percentage of the total. Long guns (rifles/shotguns) are also high quality. I have bought two myself at the auctions.

Additional revenue could be gained by auctioning parts, holsters, magazines, stocks, etc. (Enclosure 9, Proposed Bill HB 6633, lines 37-39).

In Summary:

The Auction of Firearms is current law, in dispute only because of an administrative order.

Confiscated firearms are a state asset which will generate revenue. Destroying them in a smelter is a loss to the taxpayer, in terms of both the cost to destroy and the revenue lost.

Legislative support has been demonstrated, and there is no public outcry in opposition.

Revenue estimates in the $100,000 range are low. A more realistic estimate is $300,000, assuming police evidence rooms are emptied. Inventory reduction would also reduce administrative costs.

The auction process is strictly controlled. They generate asset sales revenue, business, income and sales tax, and provide a service to the interested sportsmen public. There is no reported instance of auctioned firearms subsequently used in criminal activity.

In keeping with your understanding of sportsmen's interests, the need to erase the previous administration's order, compliance with statute, and the ability and need to generate state revenue; we ask your immediate action to again authorize the auction of confiscated firearms.

Colonel Kenneth H. Kirschner

Commissioner Department of Public Safety

In a recent conversation with ..., an Assistant Chief of Staff to the Governor, he indicated the Governor's office approved of reestablishing state firearms auctions in concurrence with the statute. His only concern was "whether the State Police could insure the legal sale of the firearms."

I know you are aware of the circumstances that curtailed the auctions. I have previously communicated with Lt. Colonel Tyszka and forwarded to him a comprehensive information packet similar to that provided the Governor's office. The auction process has also been a topic of discussion of the highly successful firearms advisory board you established. To date, comments from within and outside the Department have evidenced support.

The Coalition position is that the firearms auctions should be reinstituted as soon as possible, and that legal sales can be insured utilizing the expertise of the CSP Weapons Unit.

Foremost in priority is to reestablish the Firearms Auctions. I am convinced that all involved approve of re-implementation of the auction (see attached ltr Dept. of Public Safety and my Fax to the Executive offices). I fully understand the politics of the action and the possible criticism from the media. However, the auction can be justified by: (1) it is required by statute, (2) there is no written executive order by Weicker to justify his cancellation of the auctions, and no reason why Gov. Rowland should continue his policy, (3) valuable firearms are currently being destroyed plus the cost of destruction, taxpayers money worth by our estimation $200,000-$300,000/yr.

Potential arguments against the auction are: (1) The state should not be in the business of selling guns. This is specious. Colt has received loans and guarantees, US Repeating Arms a loan, Charter Arms a loan, and there are others; the state taxes sales of firearms and collects dealer/manufacturer corporation taxes. (2) All other legitimately sold items (cigarettes, liquor, etc.) are auctioned; only illegal items (drugs) are destroyed. (3) It puts more guns on the streets. Purchase by individuals or dealers from any legal outlet and conforming to law is why we have such restrictive statutes. Our information indicates only one gun from those previously auctioned has any criminal involvement (no particulars- stolen, etc.).

Summary: So, after a decade of auction prohibition, inaction, possible violation of statutes and certainly Legislative intent, the State has lost a minimum of $3 million and has incurred CSP time/labor costs destroying firearms. Other than specious arguments, there appears to be no rationale for implementing or continuing destruction. We can only guess at the reasons for no implementation of the statutes: Under anti-gun Weicker, it was probably just that - his ego and personal bias originated the prohibition. Coincidently the prohibition was initiated at the same time we were fighting the “Assault Weapon” ban and heard that it was “punishment.” With Rowland, we have heard it was the problematic liberal criticism which would emanate from the Hartford Courant. Whatever the cause, the current auction prohibition should not stand causing ALL State taxpayers a revenue loss.

Our primary options are to introduce new legislation to force the issue; or to convince a possible new Governor (Lt. Gov. Jodi Rell) to reinstitute the auctions. A good point to mention is that Instant Check, enacted after the auctions, is in effect and substantially reduces administrative workload and enhances reliability of purchasers. Additionally, we will insure this issue is a question on the upcoming Election Questionnaire to be sent this Fall, to not only determine their position but also to inform them of the problem. We would urge all sportsmen, when communicating to Legislators or challengers, to do the same.