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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58799</law_id><section_number>30-34.2:2</section_number><catch_line>Disposal of unclaimed firearms, other weapons, or other unclaimed personal property in possession of the Division of Capitol Police</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="30">General Assembly</unit><unit label="chapter" level="2" order_by="1" identifier="3.1">Legislative Support Commission</unit></structure><text>
						<section><p>Subject to the provisions of &#xA7;&#xA0;<a class="law" title="Forfeiture of certain weapons used in commission of criminal offense" href="/19.2-386.29/">19.2-386.29</a>, the Division of Capitol Police may destroy unclaimed firearms and other weapons, and may lawfully dispose of other unclaimed personal property, that have been in the <span class="dictionary">possession</span> of the Division for a period of more than 120 days. For the purposes of this section, &#x201C;unclaimed firearms and other weapons&#x201D; means any firearm or other weapon belonging to another that has been acquired by a <span class="dictionary">law</span>-enforcement officer pursuant to his duties, that is not needed in any criminal <span class="dictionary">prosecution</span>, that has not been claimed by its rightful owner, and that the State Treasurer has indicated will be declined if remitted under the Virginia <span class="dictionary">Disposition</span> of Unclaimed Property Act (&#xA7;&#xA0;<a class="law" title="Definitions" href="/55.1-2500/">55.1-2500</a> et seq.), and &#x201C;unclaimed personal property&#x201D; means any personal property belonging to another that has been acquired by a <span class="dictionary">law</span>-enforcement officer pursuant to his duties, that is not needed in any criminal <span class="dictionary">prosecution</span>, that has not been claimed by its rightful owner, and that the State Treasurer has indicated will be declined if remitted under the Virginia <span class="dictionary">Disposition</span> of Unclaimed Property Act (&#xA7;&#xA0;<a class="law" title="Definitions" href="/55.1-2500/">55.1-2500</a> et seq.).
		At the discretion of the chief of police or his designee, the Division of Capitol Police may destroy unclaimed firearms or other weapons by any means that renders the firearms or other weapons permanently inoperable and may lawfully dispose of other unclaimed personal property. Prior to the destruction of such unclaimed firearms or other weapons or disposal of such other unclaimed personal property, the chief of police or his designee shall (i) make reasonable attempts to notify by mail the rightful owner of the property and (ii) obtain from the attorney for the Commonwealth of the <span class="dictionary">jurisdiction</span> from which the unclaimed item came into the <span class="dictionary">possession</span> of the Division of Capitol Police in writing a statement advising that the item is not needed in any criminal <span class="dictionary">prosecution</span>. The Division may dispose of an unclaimed bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped in accordance with the provisions of &#xA7;&#xA0;<a class="law" title="Localities authorized to license bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices; disposition of unclaimed bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices" href="/15.2-1720/">15.2-1720</a>.
		In lieu of destroying any such unclaimed firearm, the chief of police or his designee may donate the firearm to the Department of Forensic Science, upon agreement of the Department.</p></section></text><history>2012, c. 209; 2015, c. 220; 2018, c. 581.</history><metadata></metadata></law>
