(a) Weapons seized in connection with an offense involving the use of a weapon or an offense committed under Chapter 46 of the Penal Code shall be kept by the police department, subject to the following provisions, unless:
(1) the weapon is a prohibited weapon identified in Chapter 46 of the Penal Code; or
(2) the weapon is alleged to be stolen property.
(b) When a weapon described in paragraph (a) is seized, and the seizure is not made pursuant to a search or arrest warrant, the person seizing the weapon shall prepare and deliver to a magistrate a written inventory of each weapon seized.
(c) If there is no prosecution or conviction for an offense involving the seized weapon, the magistrate to whom the seizure was reported shall notify in writing the person found in possession that he is entitled to the weapon upon request to the court in which he was convicted. If the weapon is not requested within sixty (60) days after notification, the magistrate shall order the weapon destroyed or forfeited to the state for use by the police department of the city.
(d) A person convicted under Chapter 46 of the Penal Code is entitled to the seized weapon upon request to the police department. However, the court entering the judgment of conviction shall order the weapon destroyed or forfeited to the state for use by the police department if:
(1) the person does not request the weapon within sixty (60) days after the date of the judgment of conviction;
(2) the person has been previously convicted under Chapter 46 of the Penal Code; or
(3) the weapon is defined as a prohibited weapon under Chapter 46 of the Penal Code.
(e) If the person found in possession of a weapon is convicted of an offense involving the use of the weapon, the court entering judgment of conviction shall order destruction of the weapon or forfeiture to the state for use by the police department.