Police Procedures for Captured Firearms: What Happens After Seizure?

Firearms can be a matter of serious legal and safety concern. When police officers capture a firearm, the outcomes can vary widely depending on the circumstances and legal proceedings. In this article, we will explore the typical procedures followed by police departments after they seize firearms, with a focus on the differences between legal and illegal possession.

Legal Possession and Post-Seizure Procedures

If an individual is found to be in legal possession of a firearm, the process of handling it post-seizure is transparent and documented. Once the police have conducted an investigation, they return the weapon to its rightful owner. This is done through a series of administrative steps that ensure proper documentation and handling.

The weapon is placed into an evidence box and stored in the department armory. In my experience, if the legal possession is related to a restraining order, the next day the firearm is handed over to the prosecutor’s “weapon person,” who oversees the prosecutor's armory. For those seeking to regain custody, the process involves filing a petition with the court.

Although not part of my experience, you can petition the court to get the seized firearm back or to transfer ownership. Some people succeed in regaining custody, while others do not. This outcome is highly dependent on the specifics of the case and the legal framework in place.

Illegal Possession: Seizure and Disposal

When a firearm is seized due to illegal possession, the situation is more complex. There are typically two main scenarios: the firearm may either be seized and maintained or seized and destroyed.

In the scenario where the firearm is seized and maintained, it becomes the property of the police department. It cannot be auctioned or left outside the possession of the department, but it can be used for training, issuing, or for parts. Additionally, it can be kept in storage indefinitely, particularly if it was involved in a serious crime like murder.

In cases where the firearm is seized and destroyed, the weapon is cut into unusable sections, with the process documented via video. This step is taken to ensure the firearm cannot be used again and is a final measure to dispose of illegal weaponry.

State-Specific Variations

It’s important to note that state laws heavily influence the procedures for handling seized firearms. In my state, for example, any firearm that has been used for evidence is typically destroyed after the case is adjudicated. If the seizure is for safety or investigatory purposes and not part of a trial, the weapon's owner can apply to have it returned.

When seizing a firearm for safekeeping, the procedure follows specific protocols. If the weapon is for safekeeping and an owner is identified, a property receipt is issued, and the weapon is taken to the evidence lab for booking. If it is found property with no owner identified, it is booked into the lab as such. For evidence, an investigative report is written, and the weapon is booked as evidence. If the fencing is for property storage, the weapon is placed in the correct location as indicated.

Conclusion

The procedures for handling seized firearms are complex and vary by state and the circumstances. Whether the firearm is returned to its owner or destroyed, the process is meticulously documented and follows strict legal guidelines. Understanding these procedures is crucial for anyone involved in legal proceedings related to firearm ownership.