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Falls Church staff proposes ordinance to require destruction of unclaimed, decommissioned firearms
Summary
City staff and the sheriff’s office proposed amending city code to require destruction of unclaimed and decommissioned firearms and to prohibit returning decommissioned service weapons to dealers for rebates; council indicated the item is ready for first reading and asked staff to schedule it.
Falls Church City staff presented an ordinance change that would require the city’s law-enforcement agencies to destroy unclaimed and decommissioned firearms when legally permissible and to prohibit resale of decommissioned service weapons to firearm dealers for rebates or discounts.
City Attorney- and staff-drafted changes would amend city code chapter 28, article 7, section 28-201 ("Destruction or sale of unclaimed firearms") to make destruction the default disposition for unclaimed property and to bar the current practice of returning decommissioned service firearms to dealers in exchange for financial incentives. "The proposed changes are ... to require that all unclaimed firearms in possession of the city's two law enforcement agencies, the police department and the sheriff's office, be destroyed when legally permissible and to prohibit the resealing of decommissioned service firearms to firearm dealers in return for rebates or discounts," the presenter told the council.
The presenter said the Falls Church Police Department is responsible for safekeeping unclaimed firearms, including evidence that is no longer required for prosecution, weapons collected at gun buyback events and firearms owned by the police department or sheriff's office. The presenter also said the police department and sheriff's office "believe that risk of decommissioned service weapons, firearms being misused far outweigh any financial incentives there may be for the current practice." The staff memo cites the city’s authority under the Code of Virginia sections 15.2-1719 and 15.2-1721.
Council members voiced broad support during the discussion. "I'm in huge support of this and certainly don't want to make any financial gains off of what could be a future tragedy," a councilmember said, praising last year’s gun buyback program that the presenter and the sheriff helped run. Councilmembers asked practical questions about timing: one questioned whether a 90-day timeline in the draft ordinance for destroying permanently decommissioned weapons is feasible. The presenter answered that the 90-day provision applies only to decommissioned service weapons, and that firearms held for criminal cases remain subject to Commonwealth's Attorney review and court orders.
Councilmembers also discussed making the buyback an annual event, and a councilmember raised the prospect of an artist converting decommissioned weapons into public art provided the weapons are destroyed under the proposed procedures. The presenter offered a public-safety reminder that city police can facilitate voluntary firearm surrender if residents call ahead to arrange a safe transfer.
No final adoption vote was taken at the meeting; councilmembers indicated the ordinance is ready for first reading and asked staff to schedule a public hearing and first-reading date.
The city attorney and the police presenter said the sheriff’s office supports the proposed change and that the policy aligns with the city’s public-safety priorities.
