Here's the scenerio, as I understand it:

Over the course of years (possibly decades) guns were seized.
However, some of the guns were never returned or destroyed.
Now, 10 or 15 years later, someone figured out that there are guns that need a different home.
Unfoturantely, it is less than clear who was the owner / possessor of the guns.

So, how do we move them?
The timeline in 18.19 is blown and we don't know who possessed / owned the weapons.

How do I get them destroyed?

I think you go by 18.17 or 18.18 if 18.19 does not apply.

If I were to go by 18.17's procedures, could I still request to destroy the gun? Or would I be bound to sell or donate it?

Well, the last sentences of 18.19(c) and 18.19(d) may be your out, actually. Those says that if the timelines aren't otherwise complied with, the agency holding the weapon can request an order of destruction or forfeiture from the magistrate. I think in my old county they requested destruction, although some of the orders were pretty laughable because they were usually generated by old timers running property rooms rather than lawyers. I emailed you some stuff.

I sent you some forms used in Williamson County too.

I don't have any forms but when I was with Fort Bend every few years the SO and the PD's would bring in a request for weapons destruction.

Back then, I would make mass destruction orders for each court that handled the cases, listing all the weapons. If the case was not filed, those cases would be grouped with the JP who magistrated the defendant. Thus, I would have a mass destruction order listing the defendant name, date weapon seized, serial number, case number and description of the weapon. All the weapons in one order would be from one agency to simply the evidence officers filling out the returns.

Greg, unfortunately we don't know who the owner or the possessor was at the time the guns were seized. In fact, we're not even sure of the date the guns were seized.

I do know that the PD has had the guns since 2003. I also know that, as far as any records indicate, nobody attempted to claim the guns.

I'm trying to get them destroyed.
I'm also trying to figure out if it's possible to avoid posting notice. The last thing I want is some crook showing up and saying that a black 9mm is his.

It's a bit of a mess that I've been asked to help clean up. (Heck, I was in junior high when this task force began.)

Thank you for those who have sent me forms and offerred advice. It's a lot to wade through.

quote:

---

Heck, I was in high school when the task force began.

---

Ouch.

quote:

---

Originally posted by RK:
Greg, unfortunately we don't know who the owner or the possessor was at the time the guns were seized. In fact, we're not even sure of the date the guns were seized.

---

That is a sticky wicket.

Posting a list of the weapons and serial numbers pursuant to a court order with a deadline to make a claim (prior to the date the court orders destruction) might avoid some problems.

Ken, that's what I think we'll end up doing.

I don't see a way around posting without running the risk of violating someone's due process.

It causes me concern that this stuff has been sitting around for so long.

As for my high school reference, I was not alluding to the advanced years of any posters. I was alluding to the vast experience of others and to the pity they take on me when answering my questions.