§ 14‑269.1. Confiscation and disposition of deadly weapons.
Upon conviction of any personfor violation of G.S. 14‑269, G.S. 14‑269.7, or any other offenseinvolving the use of a deadly weapon of a type referred to in G.S. 14‑269,the deadly weapon with reference to which the defendant shall have beenconvicted shall be ordered confiscated and disposed of by the presiding judgeat the trial in one of the following ways in the discretion of the presidingjudge.
(1) By ordering theweapon returned to its rightful owner, but only when such owner is a personother than the defendant and has filed a petition for the recovery of suchweapon with the presiding judge at the time of the defendant's conviction, andupon a finding by the presiding judge that petitioner is entitled to possessionof same and that he was unlawfully deprived of the same without his consent.
(2), (3) Repealed bySession Laws 1994, Ex. Sess., c. 16, s. 2.
(4) By ordering suchweapon turned over to the sheriff of the county in which the trial is held orhis duly authorized agent to be destroyed. The sheriff shall maintain a recordof the destruction thereof.
(4a) Repealed by SessionLaws 2005‑287, s. 3, effective August 22, 2005.
(4b) By ordering theweapon turned over to a law enforcement agency in the county of trial for (i)the official use of the agency or (ii) sale, trade, or exchange by the agencyto a federally licensed firearm dealer in accordance with all applicable Stateand federal firearm laws. The court may order a disposition of the firearmpursuant to this subdivision only upon the written request of the head or chiefof the law enforcement agency and only if the firearm has a legible, uniqueidentification number. If the law enforcement agency sells the firearm, thenthe proceeds of the sale shall be remitted to the appropriate county financeofficer as provided by G.S. 115C‑452 to be used to maintain free publicschools. The receiving law enforcement agency shall maintain a record andinventory of all firearms received pursuant to this subdivision.
(5) By ordering suchweapon turned over to the North Carolina State Bureau of Investigation's CrimeLaboratory Weapons Reference Library for official use by that agency. The StateBureau of Investigation shall maintain a record and inventory of all suchweapons received.
(6) By ordering suchweapons turned over to the North Carolina Justice Academy for official use bythat agency. The North Carolina Justice Academy shall maintain a record andinventory of all such weapons received. (1965, c. 954, s. 2; 1967, c. 24, s. 3; 1983, c. 517;1989, c. 216; 1993, c. 259, s. 2; 1994, Ex. Sess., c. 16, s. 2; c. 22, s. 23;1997‑356, s. 1; 2003‑378, s. 5; 2005‑287, s. 3.)
§ 14‑269.1. Confiscation and disposition of deadly weapons.
Upon conviction of any personfor violation of G.S. 14‑269, G.S. 14‑269.7, or any other offenseinvolving the use of a deadly weapon of a type referred to in G.S. 14‑269,the deadly weapon with reference to which the defendant shall have beenconvicted shall be ordered confiscated and disposed of by the presiding judgeat the trial in one of the following ways in the discretion of the presidingjudge.
(1) By ordering theweapon returned to its rightful owner, but only when such owner is a personother than the defendant and has filed a petition for the recovery of suchweapon with the presiding judge at the time of the defendant's conviction, andupon a finding by the presiding judge that petitioner is entitled to possessionof same and that he was unlawfully deprived of the same without his consent.
(2), (3) Repealed bySession Laws 1994, Ex. Sess., c. 16, s. 2.
(4) By ordering suchweapon turned over to the sheriff of the county in which the trial is held orhis duly authorized agent to be destroyed. The sheriff shall maintain a recordof the destruction thereof.
(4a) Repealed by SessionLaws 2005‑287, s. 3, effective August 22, 2005.
(4b) By ordering theweapon turned over to a law enforcement agency in the county of trial for (i)the official use of the agency or (ii) sale, trade, or exchange by the agencyto a federally licensed firearm dealer in accordance with all applicable Stateand federal firearm laws. The court may order a disposition of the firearmpursuant to this subdivision only upon the written request of the head or chiefof the law enforcement agency and only if the firearm has a legible, uniqueidentification number. If the law enforcement agency sells the firearm, thenthe proceeds of the sale shall be remitted to the appropriate county financeofficer as provided by G.S. 115C‑452 to be used to maintain free publicschools. The receiving law enforcement agency shall maintain a record andinventory of all firearms received pursuant to this subdivision.
(5) By ordering suchweapon turned over to the North Carolina State Bureau of Investigation's CrimeLaboratory Weapons Reference Library for official use by that agency. The StateBureau of Investigation shall maintain a record and inventory of all suchweapons received.
(6) By ordering suchweapons turned over to the North Carolina Justice Academy for official use bythat agency. The North Carolina Justice Academy shall maintain a record andinventory of all such weapons received. (1965, c. 954, s. 2; 1967, c. 24, s. 3; 1983, c. 517;1989, c. 216; 1993, c. 259, s. 2; 1994, Ex. Sess., c. 16, s. 2; c. 22, s. 23;1997‑356, s. 1; 2003‑378, s. 5; 2005‑287, s. 3.)
§ 14‑269.1. Confiscation and disposition of deadly weapons.
Upon conviction of any personfor violation of G.S. 14‑269, G.S. 14‑269.7, or any other offenseinvolving the use of a deadly weapon of a type referred to in G.S. 14‑269,the deadly weapon with reference to which the defendant shall have beenconvicted shall be ordered confiscated and disposed of by the presiding judgeat the trial in one of the following ways in the discretion of the presidingjudge.
(1) By ordering theweapon returned to its rightful owner, but only when such owner is a personother than the defendant and has filed a petition for the recovery of suchweapon with the presiding judge at the time of the defendant's conviction, andupon a finding by the presiding judge that petitioner is entitled to possessionof same and that he was unlawfully deprived of the same without his consent.
(2), (3) Repealed bySession Laws 1994, Ex. Sess., c. 16, s. 2.
(4) By ordering suchweapon turned over to the sheriff of the county in which the trial is held orhis duly authorized agent to be destroyed. The sheriff shall maintain a recordof the destruction thereof.
(4a) Repealed by SessionLaws 2005‑287, s. 3, effective August 22, 2005.
(4b) By ordering theweapon turned over to a law enforcement agency in the county of trial for (i)the official use of the agency or (ii) sale, trade, or exchange by the agencyto a federally licensed firearm dealer in accordance with all applicable Stateand federal firearm laws. The court may order a disposition of the firearmpursuant to this subdivision only upon the written request of the head or chiefof the law enforcement agency and only if the firearm has a legible, uniqueidentification number. If the law enforcement agency sells the firearm, thenthe proceeds of the sale shall be remitted to the appropriate county financeofficer as provided by G.S. 115C‑452 to be used to maintain free publicschools. The receiving law enforcement agency shall maintain a record andinventory of all firearms received pursuant to this subdivision.
(5) By ordering suchweapon turned over to the North Carolina State Bureau of Investigation's CrimeLaboratory Weapons Reference Library for official use by that agency. The StateBureau of Investigation shall maintain a record and inventory of all suchweapons received.
(6) By ordering suchweapons turned over to the North Carolina Justice Academy for official use bythat agency. The North Carolina Justice Academy shall maintain a record andinventory of all such weapons received. (1965, c. 954, s. 2; 1967, c. 24, s. 3; 1983, c. 517;1989, c. 216; 1993, c. 259, s. 2; 1994, Ex. Sess., c. 16, s. 2; c. 22, s. 23;1997‑356, s. 1; 2003‑378, s. 5; 2005‑287, s. 3.)
