Texas Statutes
Chapter 18 - Search Warrants
Article 18.181. Disposition of Explosive Weapons and Chemical Dispensing Devices


(1) photograph the weapon in the position where it is recovered before touching or moving it;
(2) record the identification designations printed on a weapon if the markings are intact;
(3) if the weapon can be moved, move it to an isolated area in order to lessen the danger to the public;
(4) if possible, retain a portion of a wrapper or other packaging materials connected to the weapon;
(5) retain a small portion of the explosive material and submit the material to a laboratory for chemical analysis;
(6) separate and retain components associated with the weapon such as fusing and triggering mechanisms if those mechanisms are not hazardous in themselves;
(7) destroy the remainder of the weapon in a safe manner;
(8) at the time of destruction, photograph the destruction process and make careful observations of the characteristics of the destruction;
(9) after destruction, inspect the disposal site and photograph the site to record the destructive characteristics of the weapon; and
(10) retain components of the weapon and records of the destruction for use as evidence in court proceedings.
(b) Representative samples, photographs, and records made pursuant to this article are admissible in civil or criminal proceedings in the same manner and to the same extent as if the explosive weapon were offered in evidence, regardless of whether or not the remainder of the weapon has been destroyed. No inference or presumption of spoliation applies to weapons destroyed pursuant to this article.
Added by Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 5, eff. Sept. 1, 1983.

Structure Texas Statutes

Texas Statutes

Code of Criminal Procedure

Title 1 - Code of Criminal Procedure

Chapter 18 - Search Warrants

Article 18.01. Search Warrant

Article 18.011. Sealing of Affidavit

Article 18.02. Grounds for Issuance

Article 18.021. Issuance of Search Warrant to Photograph Injured Child

Article 18.0215. Access to Cellular Telephone or Other Wireless Communications Device

Article 18.03. Search Warrant May Order Arrest

Article 18.04. Contents of Warrant

Article 18.05. Warrants for Fire, Health, and Code Inspections

Article 18.06. Execution of Warrants

Article 18.065. Execution of Warrant Issued by District Judge for DNA Specimen

Article 18.067. Execution of Warrant for Blood Specimen in Intoxication Offense

Article 18.07. Days Allowed for Warrant to Run

Article 18.08. Power of Officer Executing Warrant

Article 18.09. Shall Seize Accused and Property

Article 18.095. Seizure of Circuit Board of Gambling Device, Equipment, or Paraphernalia

Article 18.10. How Return Made

Article 18.11. Custody of Property Found

Article 18.12. Magistrate Shall Investigate

Article 18.13. Shall Discharge Defendant

Article 18.14. Examining Trial

Article 18.15. Certify Record to Proper Court

Article 18.16. Preventing Consequences of Theft

Article 18.17. Disposition of Abandoned or Unclaimed Property

Article 18.18. Disposition of Gambling Paraphernalia, Prohibited Weapon, Criminal Instrument, and Other Contraband

Article 18.181. Disposition of Explosive Weapons and Chemical Dispensing Devices

Article 18.182. Disposition of Item Bearing Counterfeit Mark

Article 18.183. Deposit of Money Pending Disposition

Article 18.19. Disposition of Seized Weapons

Article 18.191. Disposition of Firearm Seized From Certain Persons With Mental Illness

Article 18.22. Testing Certain Defendants or Confined Persons for Communicable Diseases

Article 18.23. Expenses for Motor Vehicle Towed and Stored for Certain Purposes

Article 18.24. Body Cavity Search During Traffic Stop