Agenda - Council - 08/11/1998 - Laserfiche WebLink

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I I TRANSFER AGREEMENT I I I ! I I I I I I I i I I I I I THIS AGREEMENT made between the UNITED STATES ARMY (hereinafter called "the transferrer") and the state of Minnesota on behalf of the Ramse~ Police Department, (hereinafter called the "transferee") located at 15153 Nowthen Boulevard, Ramsey, Minnesota 55303. MUTUALLY AGREED UPON TERMS OF TRANSFER The transferee has requested six M16 Rifles in support of Law Enforcement operations. The Government agrees to transfer not more than six M16 Rifles to the transferee for this purpose. Transferee agrees to prepay costs incurred for packing, crating, handling, transportation, and material release of the property to the destination specified by the transferee. The transferee acknowledges receipt of the above described property of the Department of Defense pursuant to Section 1033 of the National Defense Authorization Act for Fiscal Year 1997. The transferee accepts the transfer of the property "as is" with no warranty of any kind including any implied warranties such as warranties of fitness for any purpose. The transferee acknowledges that there are hazards associated with the use of the property which can cause damage to property and serious injury or death. The transferee agrees to provide appropriate training to any person who may use the property. "The transferee certifies that no person who has been convicted of a misdemeanor crime of domestic violence will be allowed to possess, transport or otherwise have access to any weapons transferred under this agreement." The Department of Defense assumes no liability for damages or injuries to any person or property arising from the use of the property. The transferee shall indemnify and hold the United States Government harmless from any and all suits, actions, demands or claims of any nature arising out of the use of the property. The transferee agrees to maintain, at its own expense, adequate liability and property damage insurance and workman's compensation insurance to cover any such claims. The Bureau of Alcohol, Tobacco and Firearms (ATF) has identified the rifles transferred to your activity as machine guns as defined by 26 U.S.C. 5845(b). Machine guns not owned by the United States, or any agency thereof, must be registered with the ATF. Unregistered machine guns transferred by DOD to civilian law enforcement agencies may be lawfully registered by the receiving agency by submitting an ATF Form 10, Application for Registration of Firearms Acquired by Certain Governmental Entities, to ATF. Upon receipt of a properly executed Form 10, ATF will accept the registration of the weapons and notify ~he submitting agency. Any machine guns registered in this manner are restricted for law enforcement use only. The receiving agencies may only dispose of the weapons through approved transfers to other qualifying law enforcement agencies, by destruction, or abandonment of the firearm to ATF. The weapons may not be transferred to licensed firearms dealers or other persons. Your agency is required to register the transferred weapons with the ATF upon receipt. Requirements of this registration program can be found in the Code of Federal Regulations at 27 CFR 179.101-105. Proof of registration must be provided to the State 10~3 Coordinator, thg servicing Law Enforcement Support Office (LESO) and Armament and Chemical Acquisition and Logistics Activity (ACALA).