Within thirty days of the receipt of an unclaimed stolen
property report, the Treasurer shall send a response to the law-
enforcement agency submitting it. For each item identified in the
unclaimed stolen property report, the Treasurer shall either
require that it be delivered to the Treasurer, authorize the law-
enforcement agency to sell it at a public sale, authorize the law-
enforcement agency to donate it to a nonprofit organization,
authorize the law-enforcement agency to use it for any legitimate
and authorized law enforcement or educational purpose, or authorize
the law-enforcement agency either to sell it at a public sale, to
donate it to a nonprofit organization, or to use it for any
legitimate and authorized law enforcement or educational purpose.
However, the Treasurer may not authorize the law-enforcement agency
to donate any firearms or ammunition. The sale of any firearms or
ammunition by the law enforcement agency must be at a public sale
to persons licensed as firearms collectors, dealers, importers or
manufacturers under the provisions of 18 U. S. C. §§921 et seq. and
authorized to receive firearms under the terms of their license.
If the Treasurer determines that any item identified in an
unclaimed stolen property report is of such value that it should be
processed by the Treasurer's office, the Treasurer shall have the
authority to require that the item be delivered to the Treasurer.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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