NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 228

HOUSE BILL 42

 

 

AN ACT TO AMEND G. S. 14-269(b) SO AS TO PROVIDE FOR THE DESTRUCTION OF CONFISCATED WEAPONS BY THE SHERIFF OF FORSYTH COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. G. S. 14-269(b), as the same appears in the 1963 Cumulative Supplement of Volume 1B of the General Statutes of North Carolina, is hereby amended by adding a new paragraph at the end thereof to read as follows:

"Under the direction of the Sheriff of Forsyth County the weapon shall be destroyed, except as otherwise provided in this Act. The sheriff shall keep a record of all weapons received by him and destroyed; provided, however, that in any case the presiding judge may, if the facts so justify, order any pistol or gun returned to the defendant; or, if the judge determines that the weapon is needed by a law enforcement agency in Forsyth County for law enforcement purposes, the presiding judge may enter an order directing that the weapon be turned over to such agency in which case it shall become the property of the governmental unit to which the law enforcement agency belongs; provided further that the disposal of any confiscated gun or pistol turned over to the Sheriff of Forsyth County for disposal shall be in accordance with the provisions of this Section."

Sec. 2. Any judge presiding over any criminal court in Forsyth County may, if he finds that the circumstances so justify, order the confiscation of any weapon involved in the commission of a crime by any defendant tried and convicted before said judge. In such cases, the gun is to be destroyed by the sheriff or turned over to a law enforcement agency in accordance with the provisions of Section 1 of this Act.

Sec. 3. This Act shall apply to the following counties: Forsyth and Pitt.

Sec. 4. All laws and clauses of laws in conflict herewith are hereby repealed.

Sec. 5. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 13th day of April, 1965.