Forfeiture of certain weapons; petition for return by Commonwealth.

Plain English Breakdown

The official source material does not provide specific details on how the court determines 'good cause' for returning a weapon or what happens if an owner fails to prove their innocence regarding the weapon's illegal use.

Returning Weapons Forfeited to Commonwealth

This law allows the attorney for the Commonwealth or someone with notice to them to petition a court to return weapons used in committing a crime and forfeited to the Commonwealth, if certain conditions are met.

What This Bill Does

• Changes rules about when weapons can be returned to their original owners after being forfeited to the Commonwealth.
• Requires that the attorney for the Commonwealth or someone with notice to them can petition the court to return a weapon if good cause is shown and specific conditions are met.

Who It Names or Affects

• People who have weapons forfeited to the Commonwealth after being used in a crime.
• Law enforcement agencies that seize these weapons.
• The attorney for the Commonwealth or someone with notice to them, who can petition the court to return weapons.

Terms To Know

Forfeiture

When something, like a weapon, is taken by the government because it was used in breaking the law.

Attorney for the Commonwealth

A lawyer who represents the state and its interests in legal matters.

Limits and Unknowns

• The bill does not specify what happens if the owner cannot prove they did not know about the illegal use of the weapon.
• It is unclear how this law will be enforced or how often weapons might actually be returned to owners.
• There are no details on how the court decides whether there is 'good cause' for returning a weapon.

Official Summary Text

Forfeiture of certain weapons; petition for return by Commonwealth.
Permits the attorney for the Commonwealth to petition a court for the return of a weapon to its lawful owner where such weapon was used by any person in the commission of a criminal offense and forfeited to the Commonwealth by order of the court.

Current Bill Text

A BILL to amend and reenact §
19.2-386.29
of the Code of Virginia, relating to forfeiture of certain weapons; petition for return by Commonwealth.

Be it enacted by the General Assembly of Virginia:

1. That §
19.2-386.29
of the Code of Virginia is amended and reenacted as follows:

§
19.2-386.29
. Forfeiture of certain weapons used in commission of criminal offense.

All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives, ballistic knives, razors, slingshots, brass or metal knucks, blackjacks, stun weapons, and other weapons used by any person in the commission of a criminal offense, shall be forfeited to the Commonwealth by order of the court trying the case. The court shall dispose 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 to any registration requirements of federal law, sale of the firearms to a licensed dealer in such firearms in accordance with the provisions of Chapter 22.1 (§
19.2-386.1
et seq.) regarding sale of property forfeited to the Commonwealth.

The court may authorize the seizing law-enforcement agency to use the weapon for a period of time as specified in the order. When the seizing agency ceases to so use the weapon, it shall be disposed of as otherwise provided in this section.

However, upon petition to the court
and
by (i) the attorney for the Commonwealth or (i
i) any person with
notice to the attorney for the Commonwealth, the court, upon good cause shown, shall return any such weapon to its lawful owner after conclusion of all relevant proceedings if such owner
(i)
(a)
did not know and had no reason to know of the conduct giving rise to the forfeiture and
(ii)
(b)
is not otherwise prohibited by law from possessing the weapon. The owner shall acknowledge in a sworn affidavit to be filed with the record in the case or cases that he has retaken possession of the weapon involved.