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-   -   Cops can sell seized guns in Texas (http://www.firearmstalk.com/forums/f97/cops-can-sell-seized-guns-texas-96004/)

JWagner 08-25-2013 05:03 PM

Cops can sell seized guns in Texas
 
A new law in Texas will allow guns seized by police to be sold to gun dealers. Note that it says gun seized from folks not convicted or not tried can be sold. Does that sound like theft? And one department says that they destroy guns known to be stolen rather than to be returned to the rightful owner.

http://www.nytimes.com/2013/08/25/us/under-a-new-law-the-police-can-act-as-gun-dealers.html?ref=politics&_r=0

dlhvac 08-25-2013 05:24 PM

Sounds like texas is going to hell whats wrong

SSGSF 08-25-2013 06:31 PM

Here is law. Not what the ny times wrote

AN ACT
relating to the disposition of certain seized weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.19, Code of Criminal Procedure, is
amended by amending Subsections (c), (d), and (e) and adding
Subsection (d-1) to read as follows:
(c) If there is no prosecution or conviction for an offense
involving the weapon seized, the magistrate to whom the seizure was
reported shall, before the 61st day after the date the magistrate
determines that there will be no prosecution or conviction, notify
in writing the person found in possession of the weapon that the
person is entitled to the weapon upon written request to the
magistrate. The magistrate shall order the weapon returned to the
person found in possession before the 61st day after the date the
magistrate receives a request from the person. If the weapon is not
requested before the 61st day after the date of notification, the
magistrate shall, before the 121st day after the date of
notification, order the weapon destroyed, sold at public sale by
the law enforcement agency holding the weapon or by an auctioneer
licensed under Chapter 1802, Occupations Code, or forfeited to the
state for use by the law enforcement agency holding the weapon or by
a county forensic laboratory designated by the magistrate. If the
magistrate does not order the return, destruction, sale, or
forfeiture of the weapon within the applicable period prescribed by
this subsection, the law enforcement agency holding the weapon may
request an order of destruction, sale, or forfeiture of the weapon
from the magistrate. Only a firearms dealer licensed under 18
U.S.C. Section 923 may purchase a weapon at public sale under this
subsection. Proceeds from the sale of a seized weapon under this
subsection shall be transferred, after the deduction of court costs
to which a district court clerk is entitled under Article 59.05(f),
followed by the deduction of auction costs, to the law enforcement
agency holding the weapon.
(d) A person either convicted or receiving deferred
adjudication under Chapter 46, Penal Code, is entitled to the
weapon seized upon request to the court in which the person was
convicted or placed on deferred adjudication. However, the court
entering the judgment shall order the weapon destroyed, sold at
public sale by the law enforcement agency holding the weapon or by
an auctioneer licensed under Chapter 1802, Occupations Code, or
forfeited to the state for use by the law enforcement agency holding
the weapon or by a county forensic laboratory designated by the
court if:
(1) the person does not request the weapon before the
61st day after the date of the judgment of conviction or the order
placing the person on deferred adjudication;
(2) the person has been previously convicted under
Chapter 46, Penal Code;
(3) the weapon is one defined as a prohibited weapon
under Chapter 46, Penal Code;
(4) the offense for which the person is convicted or
receives deferred adjudication was committed in or on the premises
of a playground, school, video arcade facility, or youth center, as
those terms are defined by Section 481.134, Health and Safety Code;
or
(5) the court determines based on the prior criminal
history of the defendant or based on the circumstances surrounding
the commission of the offense that possession of the seized weapon
would pose a threat to the community or one or more individuals.
(d-1) Only a firearms dealer licensed under 18 U.S.C.
Section 923 may purchase a weapon at public sale under Subsection
(d). Proceeds from the sale of a seized weapon under Subsection (d)
shall be transferred, after the deduction of court costs to which a
district court clerk is entitled under Article 59.05(f), followed
by the deduction of auction costs, to the law enforcement agency
holding the weapon.
(e) If the person found in possession of a weapon is
convicted of an offense involving the use of the weapon, before the
61st day after the date of conviction the court entering judgment of
conviction shall order destruction of the weapon, sale at public
sale by the law enforcement agency holding the weapon or by an
auctioneer licensed under Chapter 1802, Occupations Code, or
forfeiture to the state for use by the law enforcement agency
holding the weapon or by a county forensic laboratory designated by
the court. If the court entering judgment of conviction does not
order the destruction, sale, or forfeiture of the weapon within the
period prescribed by this subsection, the law enforcement agency
holding the weapon may request an order of destruction, sale, or
forfeiture of the weapon from a magistrate. Only a firearms dealer
licensed under 18 U.S.C. Section 923 may purchase a weapon at public
sale under this subsection. Proceeds from the sale of a seized
weapon under this subsection shall be transferred, after the
deduction of court costs to which a district court clerk is entitled
under Article 59.05(f), followed by the deduction of auction costs,
to the law enforcement agency holding the weapon.
SECTION 2. This Act takes effect September 1, 2013.


______________________________ ______________________________
President of the Senate Speaker of the House


I certify that H.B. No. 1421 was passed by the House on May 6,
2013, by the following vote: Yeas 127, Nays 14, 1 present, not
voting.

______________________________
Chief Clerk of the House

donthav1 08-25-2013 07:43 PM

not sure what the cops do with guns they seize up here, but guns, bows, fishing rods, & even vehicles (including snowmobiles, atv's, cars, trucks, & boats) that get seized by the Game & Fish department get sold at auction. Anything used in the act while violating game laws can be confiscated.

a co-worker was at one of the auctions bidding on a Remington 700. when the bidding passed $350, he heard a guy shout "aw come on, I didn't pay that much for it the first time I bought it!" :eek:

JonM 08-25-2013 08:25 PM

Just a warning , keep the politics in the correct subforum.

jebsca 08-25-2013 09:27 PM

Looks to me like the NY Times as about right based on the law. It looks to me like if the person was not convicted, they can ask for the guns back. The was I read it, all you have to do is submit a request for your guns back in writing.

mountainman13 08-25-2013 09:42 PM

Typically when guns are ceased they go to a bonded warehouse for storage. This relieves the police of liability for them. It also accrues storage charges for which you are liable. Often by the time everything is said and done and the release of your firearms has been granted, you are either broke from lawyers fees or the storage is beyond the value of the guns.
In either case your firearms become the property of the warehouse to cover your storage fees. The guns are then sold and profits are split between the warehouse and agency. The agency is given a credit for their portion of the sale which can be used for anything from new cruisers to new guns. This also side steps any laws that bar the police from selling the guns.
Win, win for everyone but the gun owner that slipped up.

Daoust_Nat 08-26-2013 03:06 AM

There is a disconnect between the NY Times and the law (now that is a surprise). As the law is shown it seems reasonable. If your firearm is confiscated and you are adjudicated as not guilty, or not charged, you can get it back. If you are guilty, or don't claim the firearm back within 60 days, I would have no problem with the police selling them.

I don't think most of the inexpensive polymer guns will bring a lot, so they destroy them. That is a shame. Give them to a LGS on consignment. Take a SR9c like mine. $525 list when I bought it for $420 new. Used it is worth what, $325? Give it to a LGS after they have bid on what percentage they will keep, let them sell it and have them return what is above the percentage. Could help keep taxes down.

The NY Times column is an insult to all of us. I don't think the law is that bad.

DeltaF 08-26-2013 11:18 AM

As long as the gun owner has the option to retrieve his gun in a reasonable amount of time who cares? If the firearm is unwanted or the owner neglects to do what he's supposed to do, selling it makes money. Storing/Burning/Crushing them costs money. The law makes sense to me.

therewolf 08-26-2013 11:32 AM

Quote:

Originally Posted by JWagner (Post 1346682)
A new law in Texas will allow guns seized by police to be sold to gun dealers. Note that it says gun seized from folks not convicted or not tried can be sold. Does that sound like theft? And one department says that they destroy guns known to be stolen rather than to be returned to the rightful owner.

http://www.nytimes.com/2013/08/25/us/under-a-new-law-the-police-can-act-as-gun-dealers.html?ref=politics&_r=0

Gotta get those Gunwalker firearms from somewhere! You

didn't expect the Fed to do it all by themselves, didya?


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