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Code of Criminal Procedure Art. 18.19. DISPOSITION OF SEIZED WEAPONS. (a) Weapons seized in connection with an offense involving the use of a weapon or an offense under Penal Code Chapter 46 shall be held by the law enforcement agency making the seizure, subject to the following provisions, unless:
(1) the weapon is a prohibited weapon identified in Penal Code Chapter 46, in which event Article 18.18 of this code applies; or
(2) the weapon is alleged to be stolen property, in which event Chapter 47 of this code applies.
(b) When a weapon described in Paragraph (a) of this article is seized, and the seizure is not made pursuant to a search or arrest warrant, the person seizing the same shall prepare and deliver to a magistrate a written inventory of each weapon seized.
(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 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, 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 or forfeiture of the weapon from the magistrate.
(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 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.
(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 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 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 or forfeiture of the weapon from a magistrate.

seamusTX wrote:

(b) When a weapon described in Paragraph (a) of this article is seized, and the seizure is not made pursuant to a search or arrest warrant, the person seizing the same shall prepare and deliver to a magistrate a written inventory of each weapon seized.

The second underline clause suggests that a weapon can be seized for a reason other than arrest or a search warrant. I suspect I have overlooked some other law that allows that.

srothstein wrote:Another way to seize weapons is pursuant to a search or arrest without a warrant if there are exigent circumstances.

AEA wrote:EXACTLY.............

Thus the need for Legislation to rectify this gaping hole in personal property rights. (with regard to firearms).

seamusTX wrote:This is what the "war on drugs" has done to this country.

mcub wrote:One of the factors that we are not including is the reality that law enforcement must deal with.

Let’s say they go and arrest some one for doing X in response to a neighbor’s complaint, and leave the house full of guns. Now after they leave, and room mate of x takes the guns and murders the neighbor for getting their lover arrested.

Whom do you think the media and litigation attorneys are going to blame? Sure the DA will prosecute the room mate, but Society will prosecute the officers.

To me the issue should not be keeping the police from seizing the weapons, but rather insuring there is a reasonable way the owners can get them returned.


Thank carefully, is the primary complaint that New Orleans secured guns after the hurricane, or is the primary complaint about the refusal to give them back??

Say that I went off my rocker and started shooting up the neighborhood with a single handgun and for whatever reason they come to my house and arrest me, are they going to take the safe? Break into it? What?