15101819D
SENATE BILL NO. 1155
Offered January 14, 2015
Prefiled January 13, 2015
A BILL to amend and reenact §52-25.1 of the Code of Virginia,
relating to reporting and return of firearms confiscated or recovered by
law-enforcement agencies.
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Patron-- Edwards
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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 their 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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