Subject to the provisions of § 19.2-386.29, the State Police may destroy unclaimed firearms and other weapons that have been in the possession of the Department for a period of more than 120 days and that have been determined by the Superintendent or his designee to be unsuitable to be placed in service with the Department. For the purposes of this section, "unclaimed firearms and other weapons" means any firearm or other weapon belonging to another that has been acquired by a law-enforcement officer pursuant to his duties, that is not needed in any criminal prosecution, that has not been claimed by its rightful owner and that the State Treasurer has indicated will be declined if remitted under the Virginia Disposition of Unclaimed Property Act (§ 55.1-2500 et seq.).
At the discretion of the Superintendent or his designee, unclaimed firearms or other weapons may be destroyed by any means that render the firearms or other weapons permanently inoperable. Prior to the destruction of such firearms or other weapons, the Superintendent or his designee shall comply with the notice provisions contained in § 52-11.4.
In lieu of destroying any such unclaimed firearm, the Superintendent or his designee may donate the firearm to the Department of Forensic Science, upon agreement of the Department of Forensic Science.
2004, c. 427; 2015, c. 220.
Structure Code of Virginia
Chapter 1 - Department of State Police
§ 52-2. Appointment of Superintendent and term of office
§ 52-3. Oath, bond, and salary of Superintendent
§ 52-4. Functions of Department
§ 52-4.3. Drug Investigation Special Trust Account
§ 52-6. Appointment of additional police officers
§ 52-6.1. Appointment of supervisory officers
§ 52-7. Bonds of police officers; liability insurance policies
§ 52-8. Powers and duties to enforce criminal laws and investigate aircraft accidents
§ 52-8.1. Powers and duties of Bureau of Criminal Investigation
§ 52-8.1:1. Powers and duties of a drug law enforcement and investigation division
§ 52-8.2. Certain investigations of elected officials; immunity for witnesses
§ 52-8.3. Disclosure of criminal investigative records and reports; penalty
§ 52-8.4. Powers and duties to promulgate regulations; inspection of certain records
§ 52-8.4:1. Regulations for firearms shows
§ 52-8.4:2. Certain offenses to be considered traffic infractions
§ 52-8.5. Reporting hate crimes
§ 52-8.6. Criminal street gang reporting
§ 52-9.1. Distinctive uniform to be adopted for State police officers
§ 52-9.1:1. Retired and former law-enforcement officers; retention of badge
§ 52-9.2. Wearing of same or similar uniforms by other persons
§ 52-11. Defense of police officers
§ 52-11.1. State Health Commissioner to cooperate
§ 52-11.3. Acquisition of military property
§ 52-11.5. Disposal of unclaimed firearms or other weapons in possession of the State Police