Scenario: Officer arrests D for felony, and D has firearm in possession. Not using it, just in possession. Example: Felony DWI with rifle in the trunk. Firearm is seized for safekeeping. D is later convicted of felony. What does the officer do with the firearm?

CCP 18.19 doesn't fit, and I am not aware of any law that authorizes forfeiture. D stills owns the firearm, but he cannot lawfully possess it for at least 5 years. My belief is that the best option is to work w/D to turn firearm over to person who is approved by D and is lawfully qualified to possess the firearm - such as a relative.

I get asked this from time to time. Another variation is when a firearm is seized as evidence of a hunting violation, D wins case and would ordinarily be entitled to return of firearm, but has been convicted of a felony in the meantime.

Any thoughts or observations?

I would first ask why the officer seized the weapon at all. When I arrest someone, I do not take a rifle or shotgun from a vehicle unless it is the tool or fruit of a crime. If it is not the tool of a crime it is more prudent to simply check it thru TCIC/NCIC to see if it is stolen. Then, note the make, model, serial number and description on the inventory sheet and send it along with the wrecker. This is especially true of rifles and shotguns. Pistols, on the other hand, are easier to conceal and might disappear, besides the fact that they fall under PC 46 and could add an additional charge.

One last note, have the officers make sure to remove the weapons from the vehicle in view of the in-car video and place them back in the vehicle the same way. Once they have done that and the wrecker driver has signed the inventory and taken custody of the vehicle and its contents it is no longer LE's problem.

I agree that the weapon should not have been seized in the first place, but that does not mean that we do not have to deal with this issue on a regular basis. Our approach has been to contact the attorney and with the written consent of the defendant, release the firearm to the attorney. Lawyers are generally happy with this to cover fees. That was the practice when I was in private practice in Harris County. The releasing agency would require an ATF firearms transfer form on each gun. I have often wondered if I am on some sort of watch list due to all the guns transfered to me by HPD and the HCSO.