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HomeMy WebLinkAboutAgreement_General_4/9/2026_Gunbusters Firearm Pulverizer C*GUNBUSTERS® FIREARMS PULVERIZER MEMORANDUM OF UNDERSTANDING BETWEEN AGENCY AND GUNBUSTERS: The Agency is a bona fide law enforcement or criminal justice Agency and confiscates, collects, seizes and maintains firearms for various legitimate law enforcement purposes. The Agency may dispose of said firearms pursuant to court orders or otherwise. The Agency has legal authority to request that firearms being maintained and stored be disposed of once various procedures and safeguards have been met. The Agency has been granted legal authority and permission to dispose of said firearms. Gunbusters offers a Firearms Pulverizer system for law enforcement agencies to safely and efficiently destroy seized,recovered and surrendered firearms. Gunbusters has been in business on a national basis since 2014, is well established, and conducts business transactions with various law enforcement agencies throughout the United States. The Agency desires to enter into an agreement with Gunbusters to safely and efficiently destroy seized, recovered and surrendered firearms. AGENCY AGREES TO: 1. Complete the Gunbusters supplied Microsoft Excel spreadsheet to Gunbusters for proof/review in advance of the actual pickup of the firearms. Per BATF instructions, the spreadsheet will contain at least the following fields: Make, Model, Caliber or Gauge, Serial Number, Type of Firearm, Agency Evidence Number(if appropriate). 2. Assign a designee(s)to work with a Gunbusters representative to ensure that the inventory of firearms is accurate. 3. Provide firearms for destruction by pulverization with the understanding Gunbusters will sell salvaged/recycled parts and scrap metals. This includes firearms which may not be possessed under federal or state law, e.g. those having defaced serial numbers or were illegally modified. BATF approval document available on request. 4. Provide Gunbusters with this Memorandum of Understanding that will authorize Gunbusters to act as an agent for the Agency for the limited purpose of transporting, storing and destroying the designated firearms by pulverization. Rev 2/9/24 *GUNBUSTERS It FIREARMS PULVERIZER GUNBUSTERS AGREES TO: 1. Provide a free service to destroy confiscated and surrendered firearms for the Agency by pulverization with the understanding that Gunbusters will sell salvaged parts and scrap metals to cover costs. 2. Pick up and securely transport the firearms to the Gunbusters destruction center located in Jacksonville, Florida and provide that each portion of the process will be conducted or supervised by present or retired law enforcement officers. 3. Provide an inventory receipt to Agency representatives that will also serve as a transportation authorization and to assume full responsibility for said firearms. 4. Destroy firearms by pulverization per BATF guidelines and provide Agency with the BATF destruction record and a DVD or flash drive documenting the video destruction of each individual frame or receiver. In the case of obliterated or non-serialized (pre- 1968 rifles and shotguns) firearms, the record will document the Agency evidence or file number, along with the Gunbusters record number assigned to each firearm. Gunbusters will destroy all defaced or illegally modified within 7 days of pick up or upon verification of defaced, whichever is later,per BATF Variance requirements. S. Per BATF recommendations, Gunbusters shall act as an agent of the Agency, for the purpose of destruction of the listed firearms by pulverization,with the Agency retaining ownership of each firearm until the moment of destruction. Accordingly, with regard to the serial numbers that are defaced or obliterated on the frame or receiver of such a firearm,Gunbusters is acting as an agent of a government agency,and not withstanding 18 U.S.C. Section 922 (k), such agency is entitled under 18 U.S.C. Section 925 (a) (1) to destroy contraband under its constructive control via its agent Gunbusters. RELEASE OF LIABILITY: Gunbusters shall be responsible for acts or omissions of its personnel. Each Party shall not be bound by any action taken by the other party in good faith in the exercise of the powers and authority conferred under this Agreement. The parties are not jointly and severally liable for any tort, contractual liability, misfeasance or malfeasance, violation of civil or criminal laws, or any other action arising out of, or in relation to,this Agreement. TERMINATION: This Memorandum of Understanding may be terminated by mutual written consent of all the Parties. Any Party may elect to terminate its participation in this Memorandum of Understanding by providing thirty (30) days prior written notice to the other Party. ENTIRE AGREEMENT: This Agreement and attached addendum constitute the entire agreement between Gunbusters and the Agency pertaining to the subject matter contained herein, and supersedes all prior agreements, representations, warranties and understanding of the parties. Rev 2/9/24