IAPE Monthly Newsletter & Updates |
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Ask Joe...Each month, IAPE's primary instructor and Executive Director, Joe Latta, answers one of your questions pertaining to your everyday property and evidence room questions.
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Dear Joe,
I have a question regarding storing firearms that have been seized/turned over to Law Enforcement, in regard to a Temporary Protective Order or similar... I remember talking in class about charging fees for this service. I'm trying to convince the Sheriff we should be charging a fee for this service. I have 34 firearms on hold right now and I can't find anything in the materials I brought back from classes. Can you help?
Thank you,
Doug
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Dear Doug,
Since you don't live in California or Massachusetts, my comments are based on a concept to consider and not statutory approval within your state. Most departments across the country are permitted to charge citizens for the purchase of a copy of an incident or traffic accident report. Since there is a precedent for charging for this type of service, the concept was expanded by law in California and similarly in Massachusetts.
The law in California allows a person, when served with a TRO Temporary Restraining Order, the ability to hand over the guns to the local agency for storage as long as the TRO is in effect.
When the TRO expires, the owner returns to the Department and the owner's prohibited status is checked. When cleared, the owner pays a fee to the Department for the provided storage service. The charges are around $75 for the submission of the gun(s) and $5.00 a month per gun till the TRO expires.
California Family Code Section 6389
A local law enforcement agency may charge the respondent a fee for the storage of any firearm pursuant to this section. This fee shall not exceed the actual cost incurred by the local law enforcement agency for the storage of the firearm. For purposes of this subdivision, "actual cost" means expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed dealer as defined in Section 26700 of the Penal Code or to the respondent. For More Information Click here:
In Massachusetts the law allow the gun to be taken to a state licensed dealer for storage during the TRO.
Massachusetts General Laws Section D129
"The owner shall be liable to such dealer for reasonable storage charges and may dispose of any such weapon as provided under this section by transfer to a person lawfully permitted to purchase or take possession of such weapon."
If the practice is not codified in your state, maybe this is the time for the Chief or Sheriff to approach the legislature via the state's Sheriffs Association for discussion.
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Regards,
Joe Latta - Executive Director
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Event That Could Affect Your Property Room
In recent months we witnessed a school shooting in Uvalde, Texas, where 19 children were killed and earlier in the month 10 people were killed in the shooting at a grocery store in Buffalo, New York. Within minutes, the internet and news stations exploded with citizens and politicians calling for ban on assault weapons.
Regardless of where you stand with the assault weapon debate, the issues have gone viral. On July 29, 2022. The House of Representatives voted to pass an assault weapons ban Friday evening, with legislators narrowly approving the bill with a 217-213 vote.
According to the Bill's summary, the Assault Weapons Ban of 2022 would make it illegal to "knowingly import, sell, manufacture, transfer, or possess a semiautomatic assault weapon (SAW) or large capacity ammunition feeding device (LCAFD).
Now that the House has voted, it will be debated in the Senate. It is unknown if the Bill will get the necessary votes in the Senate. The actions of the Senate in the very near future need to be watch carefully by all those of you that store firearms in their property room. Let us suppose the Bill passes and is signed by the president and then ask yourself what will the impact or your property room?
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World Class Training in “Best-Practices” For
Evidence & Property Room Management
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We offer dozens of classes per year across the U.S. and Canada, taught by current and former law enforcement officials with extensive real-world experience in management of property and evidence. This two-day course is ideal for those responsible for, or actively involved in, the operation, supervision or management of a Property and Evidence Unit. All training topics address best business practices and professional standards.
Registration to any 2-Day class now includes the digital download of
"Property and Evidence By The Book" 2nd Edition.
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1-Day Supervisor Class
September
Palm Bay, Florida
Massillon, Ohio
November
Boston, Massachusetts
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2-Day Classes 2022
August
Burlington, North Carolina
Hilliard, Ohio
Columbia, Missouri
September
Palm Bay, Florida
Inver Grove Heights, Minnesota
Massillon, Ohio
Roanoke, Virginia
October
Mesa, Arizona
Humble, Texas
November
Boston, Massachusetts
December
Meridian, Idaho
Burbank, California (TBA)
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Need Training Right Now?
IAPE also offers ONLINE TRAINING
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The Full online course class option is a great choice if you want much of the same training as the Live classes but without the travel and time away from the department. The IAPE Property and Evidence Management video Course is approximately 14 hours in length and was prepared by Law Enforcement Personnel for Law Enforcement Personnel. Completion of the course meets the training requirements for becoming a Certified Property and Evidence Specialist (CPES).
*Registration to any 2-Day class now includes the digital download of
"Property and Evidence By The Book" 2nd Edition.
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Got a Job? Need a Job?
IAPE is delighted to announce that we have a new section for posting a job announcement or checking job opportunities.
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Become a Certified Evidence Specialist
Along with the IAPE's extensive evidence training courses, the IAPE offers our members the opportunity to become Certified Property and Evidence Specialists.
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It is time to visit ShopIAPE and pick up something
for your favorite Keeper of Krapola!
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Keeper of Krapola Jersey Short Sleeve Tee
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Classic IAPE Color Changing Mug
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IAPE | www.IAPE.org | 800-449-4273
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