16103595D
SENATE BILL NO. 608
Offered January 13, 2016
A BILL to amend and reenact § 52-25.1 of the Code of
Virginia, relating to firearms confiscated by law-enforcement agencies.
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Patron-- Reeves
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That §52-25.1 of the Code of Virginia is amended and
reenacted as follows:
§52-25.1. Reporting and return of firearms confiscated or
recovered by law-enforcement agencies.
A. Whenever a
law-enforcement agency confiscates a firearm in connection with a criminal investigation
or otherwise recovers a firearm, such agency shall immediately take all
appropriate steps to identify and trace the history of such firearm.
B. The
Superintendent shall establish and maintain a procedure within the
Department of State Police a
Criminal Firearms Clearinghouse as a central repository of to obtain information
regarding all firearms seized, forfeited, found,
or otherwise coming into the possession of any state or local law-enforcement
agency of the Commonwealth which are believed to
have been used in the commission of a crime. All law-enforcement agencies of the Commonwealth
and of political subdivisions of the Commonwealth shall share with other
Virginia law-enforcement agencies all information regarding firearms seized,
forfeited, found, or otherwise coming into the agency's possession that are
believed to have been used in the commission of a crime and shall enter such
information into a firearms tracing system maintained by the U.S. Department of
Justice. The Superintendent
shall adopt and promulgate regulations
prescribing the form method for reporting this
information and the time and manner of submission of the
form information to a
firearms tracing system maintained by the U.S. Department of Justice. In addition to any
other information which the Superintendent may require, the form shall require
(i) the serial number or other identifying information on the firearm, if
available, (ii) a brief description of the circumstances under which the
firearm came into the possession of the law-enforcement agency, including the
crime which was or may have been committed with the firearm, (iii) the name of
or other identifying information on the person from whom the firearm was taken,
(iv) the original place of sale and, if known, the chain of possession of the
firearm, and (v) the disposition of the firearm.
C. Except as provided
in §19.2-386.29, whenever a firearm is identified as
stolen, the law-enforcement agency shall return such firearm to the rightful owner
thereof, if known, provided the owner is not prohibited from possessing the
firearm and the agency does not need to retain the firearm as evidence in a
criminal prosecution.
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