Two rifles were taken into evidence after a traffic stop and the driver was arrested after he was found to be in possession of controlled substance. The driver was convicted of the offense. The rifles remained in evidence. The property technician has prepared a motion for the forfeiture and destruction of the methamphetamine and the rifles under Article 18.18 C.C.P. After reviewing the code I see where it would be proper to destroy the methamphetamine, but I am having difficulty in seeing how 18.18 would apply to the rifles. I also don't see that 18.19 would necessarily apply since the weapon was not "seized in connection with an offense involving the use of a weapon or an offense under Penal Code Chapter 46", but rather in connection with a possession of a methamphetamine. My thought is to try to stretch 18.19 to take the position that carrying the rifles in the vehicle while possessing methamphetamine was an offense involving the use of the rifles. The use of the rifles would be the act of carrying them in the vehicle whether it be it for self protection or the intimidation of others. Any thoughts on the forfeiture of the rifles?

... but, if the rifles were being used in the commission of a felony offense under the Controlled Substances Act, they would seem to be "contraband" under art. 59.01(2)(B)(i).

Thank you for the reply. I guess the question is whether the rifles are being "used" by being present in the car when the driver has methamphetamine. This is the first time I have come across one of these destruction orders. I am all for the rifles being forfeited and destroyed, but I thought I would try to figure out under what legal theory this should be done.

Were the weapons seized because there was probable cause to believe there was offense that involved the use of the weapons? If so I think you proceed under 18.19. If there was no prosecution of the offense for which the weapons were seized, proceed under 18.19(c).

If the weapons were taken for safekeeping and without probable cause to believe to have been used in an offense to justify a seizure under 18.19, I would proceed under 18.17 as abandoned property.

Of course the defendant will likely have someone else claim the firearms now that he is a felon.

I don't think there is any evidence that the rifles were used in an offense unless they are considered used in the possession of methamphetamine.