Rule *780 - Confiscation and Disposition of Firearms(A) Any firearm or other deadly weapon used in the commission of a crime which is offered as an exhibit in any criminal proceeding in which the defendant who was in possession of the weapon is convicted shall be confiscated by the Trial Judge. The Trial Judge shall order the confiscated weapon to be destroyed by the Office of Judicial Records or awarded to the Police Department, the Sheriff's Office or the Superintendent of Prisons as per Subsections B, C and D immediately upon expiration of the time allowed for an appeal, if an appeal is not taken.
If an appeal is taken, the confiscated weapon shall be held by the Office of Judicial Records and shall be destroyed or awarded only if the conviction of the possessor/defendant is sustained on appeal.
This Rule shall not be operative in homicide cases or when lawful ownership of the weapon is proved to be in an innocent person.
(B) The Office of Judicial Records shall keep a record of all firearms and other deadly weapons directed to be confiscated and destroyed or awarded by the Court. That record shall include a description of the firearms or other deadly weapons which have been destroyed or awarded and the date of same. That record shall be forwarded on a quarterly basis to the President Judge. A record of the items awarded to the Police Department, the Sheriff's Office or the Superintendent of Prisons shall be furnished to that unit on a quarterly basis.(C) Awards shall only be made upon written request by the Police Department, the Sheriff's Office or the Superintendent of Prisons to the Office of Judicial Records, who shall insert the request in the appropriate file prior to listing for trial. Awards to the Police Department or the Sheriff's Office or the Superintendent of Prisons shall be only for cases involving thirty-eight (38) caliber handguns, Model 12 Winchester rifles, Model 1200 Winchester rifles, shotguns and any rifle possessing a telescopic sight. These firearms shall be disposed of at the discretion of the Police Department office to which the firearms are awarded. The firearms shall be awarded as per Subsection A. (D) The Police Department, the Sheriff's Office or the Superintendent of Prisons may also request that other firearms be awarded to their custody through written communication with the Office of Judicial Records. If the request is granted, the firearm(s) will be handled as per Subsections A, B and C.(E) The weapons contemplated by this Rule and awarded to the Police Department, the Sheriff's Office or the Superintendent of Prisons shall be for official purposes only.Star Rule *1122(a), adopted September 23, 1971, as amended February 15, 1973; further amended March 18, 1977; further amended by the Board of Judges February 21, 1985, General Court Regulation 85-1, effective 5/27/1985. Former rule *700 was renumbered and amended September 20, 2019, effective 12/2/2019.