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52 <br /> by the presiding judge that petitioner is entitled to possession of <br /> same and that he was unlawfully deprived of the same without his <br /> consent. <br /> (2) By ordering the weapon turned over to a law-enforcement agency <br /> in the county of trial for the official use of such agency, but only <br /> upon the written request by the head or chief of such agency. The <br /> clerk of the superior court of such county shall maintain a record <br /> of such weapons and the law-enforcement agency receiving them. <br /> (3) By ordering the weapon turned over to the sheriff of the county in <br /> which the trial is held to be sold as herein provided. Under the <br /> direction of the sheriff, the weapon shall be sold at public auction <br /> after one advertisement in a newspaper having general circulation <br /> in the county which advertisement shall be at least seven days <br /> prior to sale, The proceeds of such sale shall go to the general fund <br /> of the county in which such weapons are sold. The sheriff shall <br /> maintain a record and inventory of all such weapons received and <br /> sold by him. Sales of such weapons by the sheriff shall be held at <br /> least once each year. <br /> (4) By ordering such weapon turned over to the sheriff of the county <br /> in which the trial is held or his duly authorized agent to be <br /> destroyed. The sheriff shall maintain a record of the destruction <br /> thereof. <br /> (5) By ordering such weapon turned over to the North Carolina State <br /> Bureau of Investigation's Crime Laboratory Weapons Reference <br /> Library for official use by that agency. The State Bureau of <br /> Investigation shall maintain a record and inventory of all such <br /> weapons received. <br /> (6) By ordering such weapons turned over to the North Carolina <br /> Justice Academy for official use by that agency. The North <br /> Carolina Justice Academy shall maintain a record and inventory of <br /> all such weapons received." <br /> Sec. 3. G.S. 14-315 reads as rewritten: <br /> "§ 14-315. Selling or giving weapons to minors. <br /> (a) Offense. -- If any person shall knowingly sell, offer for sale, give or in any way <br /> dispose of to a minor any handgun as defined in G.S. 14-269.7, pistol, pistol or pistol <br /> si cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane or slingshot <br /> slungshot, he shall be guilty of a misdemeanor. misdemeanor and shall forfeit the <br /> proceeds of any sale made in violation of this section, <br /> (b) Defense. -- It shall be a defense to a violation of subsection (a) of this section <br /> if the person: <br /> Shows that the minor produced a drivers license, a special <br /> identification card issued under G.S. 20-37.7, a militar\ <br /> identification card, or a passport, showing his age to be at least the <br /> required age for purchase and bearing a physical description of the <br /> person named on the card reasonably describing the minor: or <br /> (2) Produces evidence of other facts that reasonably indicated at the <br /> time of sale that the minor was at least the required age." <br /> Page 2 Senate Bill 793 <br />