North Carolina § 15-11 - 2. Disposition of unclaimed firearms not confiscated or seized as trial evidence.

§ 15-11. 2. Disposition of unclaimed firearms not confiscated or seized as trial evidence.

Definition. - For purposes of this section, the term "unclaimed firearm" means a firearm that is found or received by a law enforcement agency and that remains unclaimed by the person who may be entitled to it for a period of 30 days after the publication of the notice required by subsection (b) of this section. The term does not include a firearm that is seized and disposed of pursuant to G.S. 15-11.1 or a firearm that is confiscated and disposed of pursuant to G.S. 14-269.1. Published Notice of Unclaimed Firearm. - When a law enforcement agency finds or receives a firearm and the firearm remains unclaimed for a period of 180 days, the agency shall publish at least one notice in a newspaper published in the county in which the agency is located. The notice shall include all of the following: A statement that the firearm is unclaimed and is in the custody of the law enforcement agency. A statement that the firearm may be sold or otherwise disposed of unless the firearm is claimed within 30 days of the date of the publication of the notice. A brief description of the firearm and any other information that the chief or head of the law enforcement agency may consider necessary or advisable to reasonably inform the public about the firearm. Repealed by Session Laws 2013-158, s. 2, effective September 1, 2013, and applicable to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date. Disposition of Unclaimed Firearm. - If the firearm remains unclaimed for a period of 30 days after the publication of the notice, then the head or chief of the law enforcement agency shall order the disposition of the firearm in one of the following ways: By having the firearm destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification and will not be disposed of pursuant to subdivision (3) of this subsection. The head or chief of the law enforcement agency shall maintain a record of the destruction of the firearm. By sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws or by sale of the firearm at a public auction to persons licensed as firearms collectors, dealers, importers, or manufacturers. The head or chief of the law enforcement agency shall dispose of the firearm pursuant to this subdivision only if the firearm has a legible, unique identification number. By maintaining the firearm for training or experimental purposes or transferring the firearm to a museum or historical society. Repealed by Session Laws 2013-158, s. 2, effective September 1, 2013, and applicable to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date. Disbursement of Proceeds of Sale. - If the law enforcement agency sells the firearm pursuant to subdivision (2) of subsection (d) of this section, then the proceeds of the sale shall be retained by the law enforcement agency and used for law enforcement purposes. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this section, as well as the disposition of the firearm, including any funds received from a sale of a firearm or any firearms or other property received in exchange or trade of a firearm. History (2005-287, s. 2; 2013-158, s. 2; 2013-410, s. 17(a); 2014-115, s. 2.) Editor's Note. - Session Laws 2013-158, s. 4, made the amendment to this section by Session Laws 2013-158, s. 2, applicable to any firearm found or received by a local law enforcement agency on or after September 1, 2013, and to any judicial order for the disposition of any firearm on or after that date. Effect of Amendments. - Session Laws 2013-158, s. 2, effective September 1, 2013, deleted subsections (c) and (e); rewrote subsection (d) to incorporate some of the provisions of former subsection (e) and to add subdivision (d)(3); and in subsection (f), added "pursuant to subdivision (2) of subsection (e) of this section" and "as well as the disposition of the firearm, including any funds received from a sale of a firearm or any firearms or other property received in exchange or trade of a firearm." For applicability, see Editor's note. Session Laws 2013-410, s. 17(a), effective September 1, 2013, substituted "subsection (d)" for "subsection (e)" in subsection (f). Session Laws 2014-115, s. 2, effective August 11, 2014, added the subsection heading of subsection (d).