§ 2165.456 — UNCLAIMED WEAPONS.

Texas § 2165.456

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 2165.456. UNCLAIMED WEAPONS. (a) A weapon that is unclaimed at the end of a business day may be removed from the self-service weapon locker or other temporary secure storage and placed in another secure location.
(b) If practicable, the state agency shall notify the person who placed the weapon in a self-service weapon locker or other temporary secure storage that the weapon is in the custody of the state agency and is subject to forfeiture if not reclaimed before the 30th day after the date the weapon was placed in a self-service weapon locker or other temporary secure storage. If the person provided a telephone number when the weapon was placed in a self-service weapon locker or other temporary secure storage, the state agency shall notify the person by using that telephone number.
(c) At each location where a weapon may be placed in a self-service weapon locker or other temporary secure storage, the state agency shall post a sign that describes the process for reclaiming a weapon left in a self-service weapon locker or other temporary secure storage for more than one business day.
(d) The state agency may require identification or other evidence of ownership before returning the unclaimed weapon. On return of the weapon, the state agency may charge a fee of not more than $10 per day and not to exceed a total of $150 for the extended storage of the weapon.
(e) If the weapon is not reclaimed before the 30th day after the date the weapon was placed in a self-service weapon locker or other temporary secure storage, the weapon is forfeited.
(f) If the forfeited weapon may not be legally possessed in this state, the state agency shall turn the weapon over to local law enforcement as evidence or for destruction.
(g) If a person may legally possess the weapon in this state:
(1) the forfeited weapon may be sold at public sale by an auctioneer licensed under Chapter 1802 , Occupations Code; or
(2) the law enforcement agency holding the weapon may release the weapon to another person if:
(A) the person:
(i) claims a right to or interest in the weapon and provides an affidavit confirming that the person wholly or partly owns the weapon or otherwise has a right to or interest in the weapon; or
(ii) is an alternate person designated by the person under Section 2165.453 (d) or 2165.454 (c)(4); and
(B) for a weapon that is a firearm, the law enforcement agency conducts a check of state and national criminal history record information and verifies that the person may lawfully possess a firearm under 18 U.S.C. Section 922(g).
(h) Only a firearms dealer licensed under 18 U.S.C. Section 923 may purchase a firearm at public sale under this section.
(i) Proceeds from the sale of a weapon under this section shall be transferred, after the deduction of auction costs, to the general revenue fund.

Legislative History

Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29 ), Sec. 1, eff. September 1, 2021.