2006 Code of Virginia § 19.2-386.29 - Forfeiture of certain weapons used in commission of criminal offense

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 tasers, and other weapons used by any person in the commission ofa criminal offense, shall, upon conviction of such person, be forfeited tothe Commonwealth by order of the court trying the case. The court shalldispose of such weapons as it deems proper by entry of an order of record.Such disposition may include the destruction of the weapons or, subject toany registration requirements of federal law, sale of the firearms to alicensed dealer in such firearms in accordance with the provisions of Chapter22 ( 19.2-369 et seq.) of this title regarding sale of property forfeited tothe Commonwealth.

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.)