One Defendant convicted and sentenced to prison for killing white tail deer without owner's permission aka poaching Sec. 61.022 Parks and Wildlife Code.

3 others recieved deferred adjudication. 4 rifles were taken as evidence.
Defendants want their guns back.

See CCP Art. 18.19

It is way past the 61 day period of requesting that they be returned. The Parks and Wildlife Code has a forfeiture of weapons for hunting from vehicles, at night or with a light but not for this offense which is a State Jail offense.

The guns don't appear to be covered as contraband under Chapter 59.

Surely someone has dealt with this issue before. I have wasted an hour already. HELP PLEASE YOU DEER HUNTERS!!!!!!!

In Article 18.19 of the CCP, destruction of weapons is covered.

If the person found in possession of a weapon is convicted of an offense involving the use of a weapon (your case, not a Chapter 46 offense), the court entering judgment shall order the destruction of the weapon or forfeiture to the state for use by the law enforcement agency or county forensic lab within 61 days of the date of the conviction.

If no order is made, the law enforcement agency may request an order of destruction or forfeiture from a magistrate.

You should file a motion for destruction with any magistrate since more than 61 days have passed.

The defendants who received deferred are treated differently under the statute. If they made a written request for return within 60 or 61 days of being notified (blah, blah), then it gets returned. If the person does not make a timely written request, (within 61 days from the date of notification), before the 121st day after the date of notification the magistrate shall order the weapon destroyed or forfeited to the state.

You could have made forfeiture of the weapon a part of the plea agreement, but at the very least you could ask the judge to amend their conditions to prohibit the possession of a firearm (if they would do that). But it's a hunting deal, just give them their guns back. contact me if you have other questions.

[This message was edited by JK McCown on 01-28-09 at .]

[This message was edited by JK McCown on 01-28-09 at .]

And be sure to read Jana's articles on evidence retention/destruction in the current and future issues of The Prosecutor.

About a year ago, I asked Jana to collect the statutes dealing with such matters. She then formed a monthly committee for those persons in local police departments that deal with evidence storage. They met and came up with forms for dealing with the issues. They submitted their requests for destruction to Jana, who processed them through the judges for approval.

In short, Jana has become our local expert on this stuff. God bless her.

Thank you gentlemen! We don't want to return the murder weapons. They will go right back out and do it again. Should have made it part of the plea agreement!!!!!

gentlemen?

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Originally posted by warnerbee:
One Defendant convicted and sentenced to prison for killing white tail deer without owner's permission aka poaching Sec. 61.022 Parks and Wildlife Code.

3 others recieved deferred adjudication. 4 rifles were taken as evidence.
Defendants want their guns back.

See CCP Art. 18.19

It is way past the 61 day period of requesting that they be returned. The Parks and Wildlife Code has a forfeiture of weapons for hunting from vehicles, at night or with a light but not for this offense which is a State Jail offense.

The guns don't appear to be covered as contraband under Chapter 59.

Surely someone has dealt with this issue before. I have wasted an hour already. HELP PLEASE YOU DEER HUNTERS!!!!!!!

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The P&W Code provides for forfeiture or destruction of firearms for 61.022 conviction. See Secs. 62.0221 and 62.017.

The statute places no time limit on the judge's ability to order a firearm destroyed or forfeited. Let me know if you would like me to send you forms. I agree that the firearms of the deferred adjudication defendants fall under CCP 18.19. I've been out of town all week, or would have replied sooner.