H. B. 4158
(By Delegates Varner, Mahan, Hrutkay, Wysong, Tabb,
Long, Moye, Kominar, Stemple, Webster and White)
[Introduced January 24, 2008; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §36-8A-5 of the Code of West Virginia,
1931, as amended, relating to allowing law-enforcement
agencies to auction off unclaimed stolen firearms with
proceeds going back to the law-enforcement agency.
Be it enacted by the Legislature of West Virginia:
That §36-8A-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8A. UNCLAIMED STOLEN PROPERTY HELD BY LAW-ENFORCEMENT
AGENCIES.
§36-8A-5. Trade-in or appropriation of unclaimed stolen firearms
and ammunition.
(a) If the chief executive determined in the law-enforcement
agency's unclaimed stolen property report that any firearms or
ammunition in the law-enforcement agency's possession are not of a
sufficient quality to be traded in on new weapons or ammunition for the agency or appropriated for the agency's use, the chief
executive shall cause the firearms or ammunition to be delivered to
the treasurer for destruction.
(b) (a) If the chief executive determined in the
law-enforcement agency's unclaimed stolen property report that any
firearms or ammunition in the law-enforcement agency's possession
are of a sufficient quality to be
traded in on new weapons or
ammunition for the agency or appropriated for the agency's use sold
or appropriated for the agency's use, the chief executive shall
cause the firearms or ammunition to be
traded in on new weapons or
ammunition sold or appropriated for the agency's use.
The sale of
firearms or ammunition is to be done at a public auction to
federally licensed firearms dealers holding a license appropriate
for the type of firearm sold. Proceeds from the sale are to remain
with the individual law-enforcement agencies and spent, at the
chief executive's discretion, for agency purposes.
(b) After any
trade-in sale or appropriation under this
subsection, the law-enforcement agency shall file a report with the
Treasurer and the State Tax Department on the trade-in or
appropriation.
NOTE: The purpose of this bill is to allow law-enforcement
agencies to sell all unclaimed stolen property at auction and use
the proceeds for law-enforcement agency purposes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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