Committee approves bill mandating authorities return seized weapons to owners upon request
TALLAHASSEE, Fla. – A bill passed through the House Criminal Justice Subcommittee Wednesday that would require law enforcement to return weapons or firearms that were seized due to an arrest to their rightful owner upon request.
HB 485, sponsored by Rep. Robert Brackett, R-Vero Beach, would remove the current requirement for a sheriff or chief of police to keep possession of all weapons or firearms that were seized because of an arrest until after the trial of the person arrested.
The legislation mandates that law enforcement agencies must return any weapons or firearms taken from an individual during an arrest, provided that these items were not retained as evidence upon request of the person arrested if he or she meets this criteria:
- Has been released from detention
- Presents a government-issued photographic identification
- For firearm return requests:
- Successfully completes a criminal history background check
- Confirmation of eligibility to possess a firearm under state and federal laws.
- Has no prohibition stemming from injunctions, risk protection orders, or any court order restricting firearm possession.
The proposal would grant sheriffs or police chiefs the authority to establish practical procedures for the prompt return of weapons or firearms, according to the bill.
It restricts sheriffs or police chiefs from demanding a court order for the release of weapons or firearms not held as evidence in a criminal case, unless conflicting claims of ownership arise for these items.
“I just wanted to thank you, Representative Brackett, for reaching out to me and answering all my questions on the bill,” Rep. Jessica Baker, R-Jacksonville said. “I wanted to make sure that this did not impact any gun confiscation of those who arrested for domestic violence. You went above and beyond to answer that question and make sure that was smooth.”
The bill passed through the committee with an 18-0 vote.
