u.s. department of housing and urban development |
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memorandum of understanding
This memorandum of understanding is entered into by the (PHA) , (jurisdiction) , and (law enforcement agency) , (hereinafter, the "participating agencies") participating in the gun buy-back initiative on ________________________(date)
The City/County of _________________________ and the public housing agency of _________________________agree to jointly participate in this gun buy-back initiative.
Purpose
The purpose of this memorandum is to outline the responsibilities of participating agencies to safely recover, trace and destroy all weapons and ammunition received under the gun buyback initiative. During this buy-back initiative and/or in conjunction with this buy-back initiative:
1. Each law enforcement agency involved in this initiative agrees to trace and destroy all weapons and ammunition recovered, unless it is determined that the gun is reported lost or stolen, related to a criminal investigation, or is determined to be a curio or relic under 27 CFR 178.11 and is donated to a State or Federal museum.
a. If a tracing system reveals that a gun has been reported lost or stolen, the law enforcement agency shall return the weapon to its lawful owner in accordance with State and local laws.
b. If a tracing system reveals that a weapon was related to a criminal investigation, the weapon shall be turned over to the prosecuting agency.
2. The law enforcement agency has the sole responsibility of staffing all recovery sites, maintaining custodial jurisdiction of all weapons, and destroying recovered weapons in accordance with section 1.
3. The law enforcement agency is responsible for the safety, security, and safe operation of the site and handling of the recovered weapons.
4. Participating agencies agree that any person turning in weapons and/or ammunition shall not be asked to identified themselves.
5. The law enforcement agency shall, upon request, issue a receipt for all property recovered.
6. Each participating agency must agree upon the site to be used as the recovery location.
7. Each participating agency shall jointly conduct any and all press conferences related to this buy-back initiative.
8. The (PHA) will contribute $__________to this worthy cause.
The (law enforcement agency) will contribute $__________ to this worthy cause.
Date
Executive Director Mayor/Chief Executive of Jurisdiction
Public Housing Agency
Chief of Police/Head of
Law Enforcement Agency