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Introduced Version House Bill 4158 History

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Key: Green = existing Code. Red = new code to be enacted
hb4158 intr
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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