§ 19.2-386.29. Forfeiture of certain weapons used in commission of criminaloffense.
All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives,ballistic knives, razors, slingshots, brass or metal knucks, blackjacks, stunweapons, and other weapons used by any person in the commission of a criminaloffense, shall, upon conviction of such person, be forfeited to theCommonwealth by order of the court trying the case. The court shall disposeof such weapons as it deems proper by entry of an order of record. Suchdisposition may include the destruction of the weapons or, subject to anyregistration requirements of federal law, sale of the firearms to a licenseddealer in such firearms in accordance with the provisions of Chapter 22 (§19.2-369 et seq.) of this title regarding sale of property forfeited to theCommonwealth.
The proceeds of any sale of such weapon shall be paid in accordance with theprovisions of Article VIII, Section 8 of the Constitution of Virginia. Inaddition, the court may authorize the seizing law-enforcement agency to usethe weapon for a period of time as specified in the order. When the seizingagency ceases to so use the weapon, it shall be disposed of as otherwiseprovided in this section.
However, upon petition to the court and notice to the attorney for theCommonwealth, the court, upon good cause shown, shall return any such weaponto its lawful owner after conclusion of all relevant proceedings if suchowner (i) did not know and had no reason to know of the conduct giving riseto the forfeiture and (ii) is not otherwise prohibited by law from possessingthe weapon. The owner shall acknowledge in a sworn affidavit to be filed withthe record in the case or cases that he has retaken possession of the weaponinvolved.
(Code 1950, § 18.1-270; 1960, c. 358; 1975, cc. 14, 15, § 18.2-310; 1986, cc.445, 641; 1988, c. 359; 1990, cc. 556, 944; 2004, c. 995; 2007, c. 519.)
§ 19.2-386.29. Forfeiture of certain weapons used in commission of criminaloffense.
All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives,ballistic knives, razors, slingshots, brass or metal knucks, blackjacks, stunweapons, and other weapons used by any person in the commission of a criminaloffense, shall, upon conviction of such person, be forfeited to theCommonwealth by order of the court trying the case. The court shall disposeof such weapons as it deems proper by entry of an order of record. Suchdisposition may include the destruction of the weapons or, subject to anyregistration requirements of federal law, sale of the firearms to a licenseddealer in such firearms in accordance with the provisions of Chapter 22 (§19.2-369 et seq.) of this title regarding sale of property forfeited to theCommonwealth.
The proceeds of any sale of such weapon shall be paid in accordance with theprovisions of Article VIII, Section 8 of the Constitution of Virginia. Inaddition, the court may authorize the seizing law-enforcement agency to usethe weapon for a period of time as specified in the order. When the seizingagency ceases to so use the weapon, it shall be disposed of as otherwiseprovided in this section.
However, upon petition to the court and notice to the attorney for theCommonwealth, the court, upon good cause shown, shall return any such weaponto its lawful owner after conclusion of all relevant proceedings if suchowner (i) did not know and had no reason to know of the conduct giving riseto the forfeiture and (ii) is not otherwise prohibited by law from possessingthe weapon. The owner shall acknowledge in a sworn affidavit to be filed withthe record in the case or cases that he has retaken possession of the weaponinvolved.
(Code 1950, § 18.1-270; 1960, c. 358; 1975, cc. 14, 15, § 18.2-310; 1986, cc.445, 641; 1988, c. 359; 1990, cc. 556, 944; 2004, c. 995; 2007, c. 519.)
§ 19.2-386.29. Forfeiture of certain weapons used in commission of criminaloffense.
All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives,ballistic knives, razors, slingshots, brass or metal knucks, blackjacks, stunweapons, and other weapons used by any person in the commission of a criminaloffense, shall, upon conviction of such person, be forfeited to theCommonwealth by order of the court trying the case. The court shall disposeof such weapons as it deems proper by entry of an order of record. Suchdisposition may include the destruction of the weapons or, subject to anyregistration requirements of federal law, sale of the firearms to a licenseddealer in such firearms in accordance with the provisions of Chapter 22 (§19.2-369 et seq.) of this title regarding sale of property forfeited to theCommonwealth.
The proceeds of any sale of such weapon shall be paid in accordance with theprovisions of Article VIII, Section 8 of the Constitution of Virginia. Inaddition, the court may authorize the seizing law-enforcement agency to usethe weapon for a period of time as specified in the order. When the seizingagency ceases to so use the weapon, it shall be disposed of as otherwiseprovided in this section.
However, upon petition to the court and notice to the attorney for theCommonwealth, the court, upon good cause shown, shall return any such weaponto its lawful owner after conclusion of all relevant proceedings if suchowner (i) did not know and had no reason to know of the conduct giving riseto the forfeiture and (ii) is not otherwise prohibited by law from possessingthe weapon. The owner shall acknowledge in a sworn affidavit to be filed withthe record in the case or cases that he has retaken possession of the weaponinvolved.
(Code 1950, § 18.1-270; 1960, c. 358; 1975, cc. 14, 15, § 18.2-310; 1986, cc.445, 641; 1988, c. 359; 1990, cc. 556, 944; 2004, c. 995; 2007, c. 519.)
