What Happens to Guns Confiscated by Police?
When a police officer confiscates a gun, it’s often a result of a legal or illegal situation. The officer may take the gun as evidence, or it may be confiscated due to a court order or a voluntary surrender. But what happens to these guns after they’re taken away? In this article, we’ll explore the different scenarios and what becomes of the confiscated guns.
What is the Legal Process for Confiscated Guns?
When a police officer confiscates a gun, it’s usually done under the authority of a warrant or a court order. The officer will typically take the gun into custody and transport it to a secure facility, such as a police station or a evidence locker. The gun is then processed as evidence, which includes documenting its condition, serial number, and any other relevant information.
What Happens to the Gun?
Once the gun is processed, it’s typically stored in a secure facility until it’s needed for a court case or investigation. Here are some possible scenarios:
- Evidence: The gun may be used as evidence in a court case, such as a criminal trial or a civil lawsuit. In this case, the gun will be stored in a secure facility and may be accessed by law enforcement or legal representatives.
- Forfeiture: If the gun was seized due to illegal activity, such as drug trafficking or gang activity, it may be forfeited to the government. This means that the government takes ownership of the gun and may sell it or destroy it.
- Destruction: If the gun is deemed to be inoperable or unsafe, it may be destroyed. This is often the case with guns that have been damaged or modified to be illegal.
- Return to Owner: If the gun was confiscated due to a court order or voluntary surrender, it may be returned to the owner once the court case is resolved or the surrender period has ended.
What About the Legal Owner?
When a gun is confiscated, the legal owner may be left wondering what happens to their property. Here are some possible scenarios:
- Return of Gun: As mentioned earlier, if the gun is returned to the owner, it may be returned once the court case is resolved or the surrender period has ended.
- Forfeiture: If the gun is forfeited to the government, the owner may be entitled to a refund or compensation for the value of the gun.
- No Return: If the gun is destroyed or sold, the owner may not be entitled to a refund or compensation.
Statistics on Confiscated Guns
According to the Bureau of Justice Statistics (BJS), in 2019, law enforcement agencies in the United States seized over 1.2 million firearms. Here are some statistics on confiscated guns:
- Type of Gun: The most common type of gun confiscated was a handgun (63%), followed by rifles (24%) and shotguns (11%).
- Reason for Confiscation: The most common reason for confiscation was illegal possession or sale (44%), followed by domestic violence (21%) and drug-related offenses (15%).
- Location: The majority of confiscated guns were seized in urban areas (65%), followed by suburban areas (23%) and rural areas (12%).
Table: Confiscated Guns by Type
| Type of Gun | Number of Guns |
|---|---|
| Handguns | 764,000 |
| Rifles | 286,000 |
| Shotguns | 133,000 |
| Other | 42,000 |
Conclusion
When a gun is confiscated by police, it’s often a result of a legal or illegal situation. The gun may be used as evidence, forfeited to the government, destroyed, or returned to the owner. The legal owner may be entitled to a refund or compensation for the value of the gun, depending on the circumstances. By understanding the legal process and statistics on confiscated guns, we can better understand what happens to these guns and how they impact our communities.
Additional Resources
- Bureau of Justice Statistics (BJS). (2020). Firearms Seizures, 2019.
- National Rifle Association (NRA). (n.d.). What Happens to Confiscated Guns?
- American Civil Liberties Union (ACLU). (n.d.). Confiscated Guns: What Happens to Them?
