Answer

R.S. 40:1798 gives law enforcement the authority to trade in seized and forfeited guns so long as the weapons are "legal" and not some type of weapon which is illegal to possess. In this case, the seized and forfeited weapons do not have to be returned to the owners and R.S. 40:1798(E)(1)(c) states: (1) If the firearm is of a type which can lawfully be possessed and used by a law enforcement agency, the law enforcement agency may dispose of the firearm in one of the following ways: (c) The law enforcement agency may sell the firearm to a firearms dealer or a firearms manufacturer, or may use the firearm as consideration or partial consideration in an exchange with a firearms dealer or a firearms manufacturer, provided the firearms dealer or the firearms manufacturer is licensed to buy, sell, or trade that type of firearm. R.S. 40:1798(G) also authorizes law enforcement agencies to dispose of their own surplus firearms under the provisions of R.S. 40:1798. Therefore, there does not appear to be a requirement to obtain quotes in order sell or exchange firearms under R.S. 40:1798. However, R.S. 40:1798 only addresses the disposal/exchange of seized and surplus firearms; the municipality must also comply with the Public Bid Law in the purchase of new firearms, including those purchases from firearms dealers and manufacturers in which seized and surplus firearms are exchanged as partial consideration. Therefore, the department must obtain at least three quotes prior to purchasing new firearms that have a combined cost of $30,000 or more but not more than $60,000. Any purchases of firearms in which the combined cost exceeds $60,000 must be bid out, unless another exception applies, i.e. purchase off of a State contract or piggybacking off a previously bid contract under R.S. 38:321.1. Louisiana Legislative Auditor website: 05/08/2025 12:47:20 AM