§ 11-47-22 - Forfeiture and destruction of unlawful firearms.
SECTION 11-47-22
§ 11-47-22 Forfeiture and destruction ofunlawful firearms. – (a) No property right shall exist in any firearm unlawfully possessed, carried,or used, and all unlawful firearms are hereby declared to be nuisances andforfeited to the state.
(b) When a firearm is lawfully seized, confiscated from orturned in by any person, it shall be placed in the custody of thesuperintendent of state police or the chief of police in the city or town inwhich it was seized, confiscated or turned in to. The officer who takes custodyof the firearm shall promptly ascertain, using available record keepingsystems, including, but not limited to, the National Crime Information Center,whether the firearm has been reported stolen and if stolen shall notify thereporting law enforcement agency of the recovery of said firearm. If the policedepartment in the city or town in which the firearm was seized or confiscatedhas not been notified by a justice of the superior court or the attorneygeneral that the firearm is necessary as evidence in a criminal or civilmatter, it shall be returned to the lawful owner. However, any owner of afirearm who shall knowingly fail to report the loss or theft of the firearm tothe proper law enforcement authorities shall not be entitled to its return.
(c) If a firearm is found not to be stolen and the ownercannot be readily ascertained within ninety (90) days subsequent to the seizureor confiscation of said firearm and the firearm is no longer necessary asevidence in a criminal or civil matter, the police department having custody ofthe firearm shall have the option of either: (1) destroying said firearm byrendering it permanently and irretrievably inoperable; (2) transferring custodyof said firearms to the state crime laboratory for the purpose of criminalinvestigation; or (3) holding an auction of those firearms seized, confiscatedor turned in to said police department; provided, however, any firearms to betransferred at auction shall be limited to antique firearms or curios orrelics. For purposes of this section, "an antique firearm" shall be defined asany firearm (including any firearm with a matchlock, flintlock, percussion cap,or similar type of ignition system) manufactured on or before 1899, and anyreplica of such firearm if such replica is not designed or redesigned for usingrim-fire or conventional center fire fixed ammunition, or uses rim-fire orconventional center fire fixed ammunition which is no longer manufactured inthe United States and which is not readily available in the ordinary channelsof commercial trade. "Curios or relics" shall be defined as firearms which areof special interest to collectors by reason of some quality other than isassociated with firearms intended for sporting use or as offensive or defensiveweapons. To be recognized as curios or relics, firearms must be manufactured atleast fifty (50) years prior to the current date, but not including replicasthereof, and firearms which derive a substantial part of their monetary valuefrom the fact that they are novel, rare, bizarre, or because of theirassociation with some historical figure, period, or event.
(d) In the event that an auction is held, bidders shall belimited to bona fide holders of a valid Federal Firearms License for RetailSale or a Federal Firearms Collector License. Any auction shall be advertisedat least once a week for a period of three (3) weeks preceding the date of theauction in a newspaper of general circulation, said notice clearly stating thetime, location and terms of said auction. All funds realized shall be used topurchase and provide necessary safety equipment, including, but not limited to,bulletproof vests, for the police department holding the auction and shall notrevert to any general fund of the state, city or town, as the case may be.
(e) All firearms received by any police department in anymanner shall be entered in the department's permanent records and listed bymake, model, caliber and serial number and the manner in which said firearm wasdisposed of and, if by auction, the name and federal license number of thebuyer. A copy of said record shall be forwarded to the office of the RhodeIsland Attorney General and the Bureau of Alcohol, Tobacco and Firearms of theUnited States Treasury Department on at least an annual basis.