                                 CODE OF VIRGINIA

FORFEITURE OF CERTAIN WEAPONS USED IN COMMISSION OF CRIMINAL OFFENSE (§
19.2-386.29)

All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives,
ballistic knives, razors, slingshots, brass or metal knucks, blackjacks, stun
weapons, and other weapons used by any person in the commission of a criminal
offense, shall be forfeited to the Commonwealth by order of the court trying the
case. The court shall dispose of such weapons as it deems proper by entry of an
order of record. Such disposition may include the destruction of the weapons or,
subject to any registration requirements of federal law, sale of the firearms to
a licensed dealer in such firearms in accordance with the provisions of Chapter
22.1 (§ 19.2-386.1 et seq.) regarding sale of property forfeited to the
Commonwealth.
		The court may authorize the seizing law-enforcement agency to use the weapon
for a period of time as specified in the order. When the seizing agency ceases
to so use the weapon, it shall be disposed of as otherwise provided in this
section.
		However, upon petition to the court and notice to the attorney for the
Commonwealth, the court, upon good cause shown, shall return any such weapon to
its lawful owner after conclusion of all relevant proceedings if such owner (i)
did not know and had no reason to know of the conduct giving rise to the
forfeiture and (ii) is not otherwise prohibited by law from possessing the
weapon. The owner shall acknowledge in a sworn affidavit to be filed with the
record in the case or cases that he has retaken possession of the weapon
involved.

HISTORY: Code 1950, § 18.1-270; 1960, c. 358; 1975, cc. 14, 15, § 18.2-310;
1986, cc. 445, 641; 1988, c. 359; 1990, cc. 556, 944; 2004, c. 995; 2007, c.
519; 2012, cc. 283, 756; 2020, c. 1000.