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. G.S. 14-269.1 contains a generally similar list of options, minus the option of returning the gun to the defendant, that applies when a defendant has been convicted of a weapons offense. My impression is that the most popular option by far has been destruction by the [...]
Faculty Coordinators
