New Law Regarding Disposal of Seized Guns
Published for NC Criminal Law on September 09, 2013.
When the police seize a gun in the course of an investigation, what becomes of it after any resulting court case concludes? A recent legislative enactment has changed the most common answer to that question – and may leave a significant number of weapons in limbo.
Prior law. Until recently, G.S. 15-11.1(b1) provided that once “the district attorney determines the firearm is no longer necessary or useful as evidence in a criminal trial,” the prosecutor should seek a court order disposing of the gun in one of the following ways:
- Returning it to the rightful owner, if the owner isn’t the defendant and didn’t know of the defendant’s intention to use the gun illegally.
- Returning it to the defendant, if he is the owner and lawfully may possess firearms, “but only if the defendant is not convicted of any criminal offense in connection with . . . the firearm.”
- Destruction by the sheriff.
- Turning it over to a law enforcement agency for its use or so that it may sell or trade the gun to a licensed dealer, with the proceeds, in the case of a sale, going to the public schools. This option is available only upon the written request of the agency head.
Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration