Rathdrum council debates formalizing practice of surplusing service handguns to retiring officers; item tabled

Rathdrum City Council members heard a city attorney briefing and extended discussion Wednesday on a proposed resolution to formalize the city's practice of transferring service handguns to officers retiring in good standing.

The resolution would create a municipal process and policy authorizing council-approved transfers of service firearms to retiring officers, a practice staff said has been customary in Rathdrum and elsewhere in Idaho despite no explicit statutory authority in Idaho Code. City staff presented the proposal as a way to document local intent and procedures should a challenge arise.

The city attorney described the legal tension: Idaho Code sets surplus property procedures for municipalities but does not explicitly authorize gifting surplus city property to an individual. She said some cities have created internal policies to support similar practices and that there is no clear controlling case law on the specific point. She recommended a written policy and authority to reduce the chance that prior transfers would be vulnerable to legal challenge.

Council members pressed on legal limits and precedent. One councilmember said Dillon's Rule suggests municipalities only have powers expressly granted by the state and argued the city currently lacks authority to transfer firearms to private individuals; another councilmember said the practical risk of a challenge is low because the transfers affect only the city and the retiring officer and not a third party.

Council members also discussed alternatives that have been used elsewhere, including vehicle-style trade-in arrangements with dealers that effectively return the retired firearm to the officer through a dealer transaction rather than a direct city-to-person gift. Staff described operational details: in practice the city replaces the retired officer's service firearm with a new one for the incoming officer; older service weapons are taken out of active use and, when possible, traded in when new equipment is purchased.

At the end of the discussion, a councilmember moved to table the resolution and asked staff and the city attorney to investigate alternatives and provide additional information; another councilmember seconded. The motion to table passed unanimously on the recorded roll call.

Council did not adopt the proposed resolution at the meeting and tabled it for further legal review and alternatives analysis.

"If you choose to disregard my recommendation, which is fine, and proceed with just doing that practice, that is your choice," the city attorney said during the discussion, summarizing the legal advice she provided to the council.

The council moved on to other business after tabling the item; staff said they would return with more information and options.