§ 16-90-119 — Confiscation of deadly weapons

(a) When any person is convicted of any homicide, burglary, robbery, assault with intent to kill, assault with a deadly weapon, battery, or any other felony involving a deadly weapon, the court in which the person is convicted may confiscate the deadly weapons involved in the offense and may by court order either: (1) Transfer the weapons and the title to the weapons to an appropriate state or local law enforcement agency for use or sale by the law enforcement agency; or (2) Order the weapons destroyed if the weapons are not suitable for use or sale by law enforcement agencies. (b) (1) The sale of weapons by a law enforcement agency under this section shall be at a public auction or by competitive bid. (2) The sale shall be subject to a background check of the purchaser through the Federal Bureau of Investigation's National Instant Criminal Background Check System. (3) The sale shall not include illegal weapons. (4) The proceeds of the auction shall be retained by the law enforcement agency.

Legislative History

Acts 1953, No. 267, § 1; A.S.A. 1947, § 43-2327; Acts 1987, No. 712, § 1; 2005, No. 889, § 1.