§ 38-51. Disposal of confiscated or abandoned firearms.

(a)

All firearms taken into the possession of the police department of the city pursuant to violation of federal or state law, or which have been found or abandoned within the city shall be disposed of as follows:

(1)

For purposes of this section, the term "firearm" means any weapon (including a starter gun) which will, is designated to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" shall not include an antique firearm as defined in F.S. § 790.01, unless the antique firearm is used in the commission of a riot, the inciting or encouraging of a riot or the commission of a murder, an armed robbery, an aggravated assault, an aggravated battery, a burglary, an aircraft piracy, a kidnapping, sexual battery or other felony, misdemeanor or illegal shooting.

(2)

In any case involving violation of law or ordinance, the firearm shall be held until such time as the offense is disposed of or as otherwise provided by law.

(3)

If the person arrested for an offense involving a firearm is convicted of the offense, placed on pretrial intervention, or probation, such firearm shall be forfeited to the city without any order of forfeiture being necessary unless the court having jurisdiction over the offense orders a contrary disposition.

(4)

If the person arrested as aforesaid is acquitted of the offense involving the firearm, the firearm shall be released to the owner upon presentation of proper proof of ownership. However, if the owner fails to call for or receive the same within six months from and after the acquittal or dismissal of the charges, the firearm shall become forfeited to the city.

(5)

Any firearm found, abandoned, lost or otherwise discarded within the city coming into the hands of the police department shall be retained for a period of 60 days. If the firearm has not been identified as to ownership and/or reclaimed by the owner upon proper proof of ownership, the firearm shall become forfeited to the city and no action or proceeding for its recovery shall thereafter be pursued.

(b)

Any firearm coming into the possession of the police department, pursuant to the above subsections, shall be documented by serial number (when known) or by general description (when unknown) and kept and held in the evidence/property section until such time as released or disposed of.

(c)

All firearms forfeited to the city pursuant to the foregoing subsections shall be disposed of as follows:

(1)

All firearms having been forfeited which are not needed or are useless or unfit for use shall be destroyed.

(2)

Any firearms which are needed and deemed usable for law enforcement use will be retained and added to the police department's inventory upon approval of the chief of police.

(3)

Disposition by destruction shall be under the direct supervision of the chief of police. The chief of police shall maintain a complete inventory of all firearms obtained by the city pursuant to this section, identifying each firearm and its disposition.

(4)

Reserved.

(d)

All firearms coming into the possession of the police department and being forfeited in accordance with the provisions of this section, and which are designated for destruction, shall be destroyed pursuant to a signed order of a judge of the county or circuit court. The final destruction shall be witnessed by three individuals consisting of the person in charge of property and evidence at the police department, the person performing the actual destruction, and the chief of police or his designee. An affidavit of destruction shall be completed setting forth description and serial number (when known) of each firearm and witnessed by three individuals set forth above.

(Code 1981, § 16.5-60; Ord. No. 2011-20, § 1, 9-20-11)