CHAPTER 214
An Act to amend and reenact § 52-25.1 of the Code of
Virginia, relating to firearms confiscated by law-enforcement agencies.
[S 608]
Approved March 1, 2016
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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