§ 2305 - Disposition of unlawful firearms - Vermont Statutes

§ 2305. Disposition of unlawful firearms

(a) Any unlawful firearm which the commissioner of public safety determines to be unsafe or the possession of which is unlawful per se shall either be destroyed, or if the commissioner of public safety deems such to be appropriate, retained by the department of public safety for purposes of forensic science reference. In no event shall the commissioner of public safety dispose of such an unlawful firearm in any other manner or to any other person.

(b) Except as provided in section 2306 of this title, all other unlawful firearms shall either be delivered to the state treasurer as directed by him or her for disposition by public sale pursuant to the provisions of chapter 13 of Title 27, or by such other manner of sale deemed appropriate by the state treasurer, or at the discretion of the state treasurer, donated to a governmental agency or to a nonprofit organization upon the recommendation of the commissioner of fish and wildlife, or, if the commissioner of public safety deems such to be appropriate, retained by the department of public safety for purposes of forensic science reference. Notwithstanding the foregoing provision of this subsection, an unlawful firearm used in the commission of a homicide shall not be delivered to the state treasurer for disposition by public sale, but shall be disposed of only in accordance with the provisions of subsection (a) of this section or section 2306 of this title.

(c) When the firearms sold under this section have been delivered to the commissioner of public safety by a local law enforcement agency, the state treasurer shall return two-thirds of the net proceeds from the sale to the appropriate municipality. (Added 1983, No. 132 (Adj. Sess.); amended 1995, No. 78 (Adj. Sess.), § 16; 2001, No. 80 (Adj. Sesss.), § 2.)