Cops can sell seized guns in Texas

Discussion in 'Legal and Activism' started by JWagner, Aug 25, 2013.

  1. JWagner

    JWagner New Member

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  2. dlhvac

    dlhvac New Member

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    Sounds like texas is going to hell whats wrong
     

  3. SSGSF

    SSGSF New Member

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    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
     
  4. donthav1

    donthav1 Active Member

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    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:
     
  5. JonM

    JonM Moderator

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

    jebsca New Member

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    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.
     
  7. mountainman13

    mountainman13 New Member

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    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.
     
  8. Daoust_Nat

    Daoust_Nat Well-Known Member Supporter

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    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.
     
  9. DeltaF

    DeltaF New Member

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    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.
     
  10. therewolf

    therewolf New Member

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    Gotta get those Gunwalker firearms from somewhere! You

    didn't expect the Fed to do it all by themselves, didya?
     
  11. Flat Tire

    Flat Tire New Member

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    What is the difference with selling seized guns and selling seized vehicles, boats, motorcycles ,planes or anything else that they take when illegal actions let the government take and sell stuff ???
     
  12. bigjim

    bigjim New Member

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    Not protected under the 2nd amendment. What part of "Shall not infringe" do they not understand??

    Jim
     
  13. Flat Tire

    Flat Tire New Member

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    Did you read the story ?
     
  14. texaswoodworker

    texaswoodworker New Member

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    There's not really anything being infringed. If you have your gun taken away, but are not convicted, then you have 60 days to submit a written request to have it returned. (A pretty reasonable amount of time IMO). If you do not claim it, then it will be sold. If you are convicted, it will just be sold.
     
  15. JWagner

    JWagner New Member

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    Posting the text of the law really helped! Now ii can go back to ignoring the NYT. In AZ, we got the laws changed so that police must sell seized guns to dealers rather than to destroy them. That help police generate revenues and gives more inventory to dealers. One problem is that a lot of the guns have very little value.
     
  16. 7point62

    7point62 Lifetime Supporting Member Lifetime Supporter

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    UNCLAIMED is the key word here.
     
  17. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    Some people here have the knee jerk reaction that the police are wrong, period. Don't even bother to read the story, the police are wrong. The people are given sufficient notice to claim their property and fail to do so, the police are wrong. Sometimes the dismissal comes with a condition the person surrender any claim to the property, but the police are wrong.

    This is a practice that has been going on for quite some time in many agencies. Guns sold through FFL dealers. If you look on e-bay you will see a bunch of parts for sale by police agencies. Revolver barrels still attached to cut frames, these came from siezed/forfeited guns. The serial numbered frame has been destroyed, everything else is just parts. Murder guns are kept forever. We have at least 3 in our gun vault that killed cops. They will stay with us til the end of time.

    But the cops are wrong.

    The new law just addressed the issue in an official way. We all knew it was OK, the legislature just had to convince some knuckle headed administrators who thought they had to be destroyed.
     
  18. mountainman13

    mountainman13 New Member

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    Not every agency keeps murder guns forever. I've personally cleaned a blood's brain matter off of a 1911 for re-sale. Evidence box even had the bandanna in it.
    The victims buddies caught up with the gunman in prison.
    I've worked on others but that one is the kind of thing that sticks with you.

    Not disagreeing with your statement or arguing your point in any way, just saying.
     
  19. Sniper03

    Sniper03 Supporting Member Supporter

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    I agree with SSGSF

    Who would believe the liberal BS presented by the NY Times in the beginning? We know they are so truthful and do not have a liberal anti gun agenda!!!:rolleyes: And for sure NY probably destroys every weapon they can through their courts. The Idiots! They would love for people to believe that Texas and other pro gun states are following their lead! NOT!

    03
     
  20. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    I presume the victim's friends caught up with the killer BEFORE the gun was sold. Once a case is DONE WITH, the gun can be disposed of. Done with as in can never be brought up again. The problem with this thought is people who want to come back 20 years after the killer is dead and "clear his name". Is it EVER really done with?