MORGANTOWN — What happens to unclaimed firearms seized by the police?
There are a few different options, including selling them at the West Virginia State Treasurer’s Office firearm auction which, as required by state code, is held at least twice a year, Mike Comer, deputy treasurer over records and security, said.
Another option is trading the firearm directly, though whoever purchases unclaimed firearms from law enforcement must hold a Federal Firearms License (FFL), Comer said. Funds obtained this way can only be used for new weapons or ammo. A department can also convert the gun to their use, if leaders feel it’s something they can use.
The advantage to selling a firearm directly is it allows for a department to immediately see value from a gun, Comer said. Selling it through the treasurer’s auction typically brings a better price and the money can be used for stuff other than weapons and ammunition, such as training or radios. Departments get 90% of the profits from the treasurer’s auction.
The Morgantown Police Department trades firearms forfeited to the department to a licensed manufacturer or dealer for credit that is then used when purchasing firearms or other equipment, Deputy Chief P.J. Scott said.
Not every firearm confiscated by law enforcement gets sold. Unsafe or illegally modified guns are destroyed, Scott said.
“Most firearms we maintain are only held temporarily, either as evidence in a case or being held for safekeeping,” Scott said.
Examples of when weapons would be held for safekeeping include when someone is arrested for a non-weapon offense, a vehicle is impounded with a weapon in it, or when someone with a domestic violence protective order against them has weapons that police need to take custody of, Scott said.
Weapons held for safekeeping are given back when it is safe and legal to do so, Scott said. Before getting a firearm back, the owner has to fill out an affidavit and pass a criminal background check. Weapons held as evidence are kept until the case is resolved.
Comer said individual departments have wide latitude to determine what counts as unclaimed. Some guns are held long after a trial in case it’s needed in an appeal.
No matter how a department chooses to use unclaimed firearms, all departments have to report all unclaimed property to the treasurer’s office each year, Comer said.
“I think we got a great program,” he said. “I do think it’s a revenue source to get training and equipment for our officers.”
Attempts to reach Monongalia County Sheriff Perry Palmer seeking comments on how confiscated guns are handled by his department were unsuccessful.
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