Section 45-45-232.02 - Forfeiture of weapons(a) Any device which is used as a weapon in the commission of a crime against any person or any device which is used as a weapon in any attempt to commit any crime against any person, and any weapon or device possessed during any violation of the laws concerning controlled substances, and any weapon or device found on or about the person of any juvenile regardless of whether or not they are charged or convicted of a crime, and any weapon for which a person has been convicted of the crime of carrying a concealed weapon, and any weapon or device which is found on or about the person of any person who is prohibited by law from carrying or possessing the device or weapon, and any device or weapon which is abandoned or otherwise found and the lawful owner cannot be located is hereby declared to be contraband, forfeited, and becomes property of the State of Alabama; provided, however, that a motor vehicle shall not be deemed to be a device or weapon within the terms of this section and shall not be declared contraband, forfeited, and become the property of the State of Alabama, although this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles as provided by any other laws of the State of Alabama.(b) Any weapon described in subsection (a) that has a serial or manufacturer's identification number shall be reported to and checked through the National Crime Information Center and the Alabama Criminal Justice Information Center and their computer terminal operators within seven days of receipt and possession by the arresting law enforcement agency seizing any such weapon. Such weapons shall again be checked through the criminal information center computers before disposing of or making disposition of such weapons as provided for herein.(c) Any weapon or device confiscated under this section, when no longer needed for evidentiary purposes, shall be turned over by the person having custody of such device to the district attorney of the county wherein such device was confiscated. The district attorney shall as often as necessary, but, at least once during each calendar year, after receiving the weapons or devices either destroy same, submit the weapon or device for sale to licensed gun dealers, or retain the weapon or device for historical, instructional, or law enforcement purposes.(d) The proceeds derived from all sales of such devices, after deducting the costs of the sale, shall be divided as follows:(1) 25 percent to the Madison County District Attorney to be placed in the District Attorney's Fund.(2) 75 percent to the law enforcement agency that seizes the weapon for use in law enforcement.(e) Any governmental agency receiving any weapon or device for historical, instructional, or law enforcement purposes shall give written receipt of the weapon or device to the district attorney. The agency receiving the weapon or device shall become responsible for the weapon or device.(f) The district attorney, at least once each calendar year, shall file written notice with the circuit court clerk of the method of disposition of the weapon or device, identifying such by name, serial number, and description. The circuit court clerk shall present the written notice to the appropriate circuit court for an order granting the disposition of the weapon or device within 30 days. The district attorney shall be required to publish legal notice in a publication of general circulation in Madison County at least prior to sale or disposition of the weapons or devices. The district attorney shall within 90 days after the order entered by the court file with the circuit court clerk a sworn statement detailing the disposition of the weapon or device.(g) Whenever any weapon or device is found to be stolen or otherwise in the wrongful possession of the person possessing the weapon or device, such weapon or device shall not be subject to this section and the same shall be returned to the rightful lawful owner; provided, however, if the rightful lawful owner cannot lawfully possess the weapon or device or if the rightful owner cannot be determined or located, this section shall apply to the weapon or device.Ala. Code § 45-45-232.02 (1975)
Act 84-489, p. 1108, §§ 2-8; Act 93-896, 1st Sp. Sess., p. 182, § 1.