| 16103595D SENATE BILL NO. 608
Offered January 13, 2016
A BILL to amend and reenact § 52-25.1 of the Code of 
 Virginia, relating to firearms confiscated by law-enforcement agencies.
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Patron-- Reeves
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Referred to Committee for Courts of Justice
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 Be it enacted by the General Assembly of Virginia: 1. That §52-25.1 of the Code of Virginia is amended and 
 reenacted as follows: §52-25.1. Reporting and return of firearms confiscated or 
 recovered by law-enforcement agencies. A. Whenever a 
 law-enforcement agency confiscates a firearm in connection with a criminal investigation 
 or otherwise recovers a firearm, such agency shall immediately take all 
 appropriate steps to identify and trace the history of such firearm. B. The 
 Superintendent shall establish and maintain a procedure within the 
 Department of State Police a 
 Criminal Firearms Clearinghouse as a central repository ofto obtain information 
 regarding all firearms seized, forfeited, found, 
 or otherwise coming into the possession of any state or local law-enforcement 
 agency of the Commonwealth which are believed to 
 have been used in the commission of a crime. All law-enforcement agencies of the Commonwealth 
 and of political subdivisions of the Commonwealth shall share with other 
 Virginia law-enforcement agencies all information regarding firearms seized, 
 forfeited, found, or otherwise coming into the agency's possession that are 
 believed to have been used in the commission of a crime and shall enter such 
 information into a firearms tracing system maintained by the U.S. Department of 
 Justice. The Superintendent 
 shall adoptand promulgate regulations 
 prescribing theform method for reporting this 
 information and the time and manner of submission of the 
 forminformation to a 
 firearms tracing system maintained by the U.S. Department of Justice.In addition to any 
 other information which the Superintendent may require, the form shall require 
 (i) the serial number or other identifying information on the firearm, if 
 available, (ii) a brief description of the circumstances under which the 
 firearm came into the possession of the law-enforcement agency, including the 
 crime which was or may have been committed with the firearm, (iii) the name of 
 or other identifying information on the person from whom the firearm was taken, 
 (iv) the original place of sale and, if known, the chain of possession of the 
 firearm, and (v) the disposition of the firearm. C. Except as provided 
 in §19.2-386.29, whenever a firearm is identified as 
 stolen, the law-enforcement agency shall return such firearm to the rightful owner 
 thereof, if known, provided the owner is not prohibited from possessing the 
 firearm and the agency does not need to retain the firearm as evidence in a 
 criminal prosecution. |