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<br /> <br />accordance with the state statute. The state statute does not specifically define the term <br />''unclaimed property" other than to refer to ''property lawfully coming into [a city's] <br />possession in the course of municipal operations and remaining unclaimed by the owner." <br />(Both Circle Pines and Lexington use similar language to define unclaimed property. See <br />discussion below.) Based on this definition it appears reasonable to argue that guns seized <br />in Centerville by the police department in the course of its duties are "unclaimed property" <br />that may be disposed of pursuant to the terms of an ordinance enacted as provided for by <br />the statute. And., more significantly, as the state law does not impose restrictions <br />specifically on the disposition of firearms, the firearms, including both long guns (rifles, <br />shotguns, etc.) and pistols (including revolvers), may be disposed of as Centerville sees fit <br />upon enactment of such an ordinance. <br /> <br />Circle Pines City Ordinance 245.05 <br /> <br />This ordinance sets forth the procedures for the disposal of unclaimed property. <br />Subdivision 3 thereof specifically provides: <br /> <br />Unclaimed FrrefulIlS. Unclaimed fireaLulS, with the exception of <br />any pistol, shall be sold only to gun dealers licensed by the <br />Federal Government. All pistols shall be destroyed. (emphasis <br />added). See attached. <br /> <br />The ordinance uses the same definition for unclaimed property as the state statute <br />(property coming into the city's possession in the course of its municipal operations). See <br />attached Circle Pines City Ordinance 245.03. As such, all long guns coming into the <br />department's possession from its operations in the city of Circle Pines may be sold, but all <br />pistols may not be sold. Note: the ordinance is silent with respect to the manner of <br />valuation of the long guns. <br /> <br />Lexington City Ordinance Section 10.39 <br /> <br />This ordinance sets forth the procedures for the disposal of unclaimed property. <br />Subdivision 4 (C) thereor specifically provides: <br /> <br />1. Unclaimed Firearms. Unclaimed firearms, with the exception <br />of any pistol, shall be appraised by an independent appraiser <br />and sold only to gun dealers licensed by the Federal <br />Government in accordance with standard accountingpractices required by municipalities. <br /> <br />2. Upon recommendation by the Chief of Police, the ... Police <br />Commission may authorize the independent appraisal of <br />pistols determined to have retail, collector, or value as an <br />antique. Such sale of pistols will only be made to gun <br />dealers licensed by the Federal Government in accordance <br /> <br />'1 ;::-- <br />