Recently, the ATF issued a warning to law enforcement agencies across the nation, advising against the resale of old firearms. This warning stems from a 16-year investigation in which the Bureau of Alcohol, Tobacco, Firearms and Explosives identified that more than 52,000 guns recovered from crime scenes were once used by police agencies.
While the presence of former law enforcement guns at crime scenes is concerning, it raises a critical question: why were these firearms ever sold to the public in the first place?
The lifecycle of law enforcement firearms
Law enforcement agencies regularly update their service weapons due to advancements in firearms technology, evolving shooting tactics, improved ammunition, and routine lifecycle replacements.
For example, in 2019, Customs and Border Protection (CBP) — one of the federal government’s largest firearm owners — transitioned from a .40 cal duty pistol to a 9mm. This change meant that at least 45,000 old firearms were replaced across the agency. Similarly, the Pennsylvania State Police switched duty pistols last year, following multiple changes in the 1990s due to concerns over durability, safety, and stopping power.
While firearm replacements are routine, what happens to old duty weapons varies widely by agency and jurisdiction.
How police firearms enter the public market
Many states allow law enforcement agencies to establish their own policies for retiring firearms. In some cases, departments sell their used service weapons to gun dealers, who offer trade-in discounts on new firearms. These retired weapons are then resold to the public — similar to how cellphone providers offer discounts on new devices in exchange for old ones.
In contrast, federal agencies are prohibited from reselling their former firearms to the public. Instead, they can either donate them to state or local law enforcement agencies — who may later sell them to gun dealers — or send them for destruction.
Police firearms at crime scenes
This patchwork of policies has allowed thousands of retired police firearms to re-enter circulation, with some eventually being used in crimes. A report from the ATF revealed that more than 1,000 people were killed with guns that once belonged to U.S. police departments between 2019 and 2023 — an average of four people per week.
Even destruction policies are not foolproof. For example, in the case of the CBP’s 2019 contract, all 45,000 old firearms were reportedly sent for destruction. While this prevents resale, it also represents a significant financial loss for the government and adds an additional risk: the potential for mismanagement during the destruction process. If oversight is lacking, these firearms could still end up in unintended hands.
Keeping retired guns in law enforcement
To address this issue, some have proposed that retired law enforcement firearms should remain exclusively in the hands of law enforcement personnel. The Federal Law Enforcement Officer Service Weapon Purchase Act, introduced in the past two Congresses, aimed to close this gap. The bill would have allowed active federal law enforcement officers to purchase their former duty weapons, ensuring they remained in responsible hands while also helping the government recover some of the costs.
This approach would prevent law enforcement firearms from contributing to gun violence, reduce environmental waste, and provide a structured resale mechanism. However, despite its potential benefits, the bill failed to pass the Senate and has not been reintroduced in the current Congress.
ATF’s call for a policy change
In its recent warning, the ATF urged agencies to reconsider their resale practices: “Law enforcement agencies should evaluate their discretionary resale practices, which too often result in firearms being used in subsequent crimes — with over 25,000 firearms previously in the possession of law enforcement ending up at crime scenes between 2019 and 2023 alone. In considering whether to adopt a mandatory destruction policy, such as the one recommended by the International Association of Chiefs of Police, law enforcement agencies should consider distinguishing policies that allow law enforcement officers to purchase their issued service weapons versus policies governing the sale of weapons to the general public.”
Despite this guidance and the introduction of legislative solutions, Congress has yet to take decisive action. Ironically, while many elected officials advocate for stricter gun control measures, they have failed to address this straightforward policy fix that could significantly reduce the circulation of former police firearms in criminal activities.
Final thoughts
With thousands of former police weapons showing up at crime scenes, law enforcement agencies must take a closer look at how they handle retired duty firearms. Whether through officer buyback programs, stricter resale regulations, or improved oversight in destruction processes, agencies have a responsibility to ensure that their old weapons do not contribute to future crimes. Until legislative action is taken, this remains an issue that police departments, policymakers, and the public must grapple with.