(A) Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized shall be confiscated by the trial court.
(B) Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. After the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in the due course no legitimate claim has been made for the weapon, the court may transfer the weapon to the sheriff of the county who may proceed to destroy it, or may in its discretion order the weapon transferred to the Illinois State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department. If, after the disposition of a criminal case, a need still exists for the use of the confiscated weapons for evidentiary purposes, the court may transfer the weapons to the custody of the Illinois State Department of Corrections for preservation. The court may not order the transfer of the weapon to any private individual or private organization other than to return a stolen weapon to its rightful owner.
(C) The provisions of this section shall not apply to violations of the Fish and Aquatic Life Code (ILCS Ch. 515, Act 5, § 1.1 et seq.) or the Wildlife Code (ILCS Ch. 520, Act 5, § 1.1 et seq.) as now or hereafter amended. Confiscation of weapons for Fish and Aquatic Life Code and Wildlife Code violations shall be only as provided in those codes.
(ILCS Ch. 720, Act 5, § 24-6) (Ord. 1065-88, passed 11-9-88)