(A) Weapons seized in connection with an offense involving the use of a weapon or an offense committed under Tex. Penal Code Ch. 46 shall be kept by the Police Department, subject to the following provisions, unless:
(1) The weapon is a prohibited weapon identified in Tex. Penal Code Ch. 46; or
(2) The weapon is alleged to be stolen property.
(B) When a weapon described in division (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 60 days after notification, the magistrate shall order the weapon destroyed or forfeited to the state for use by the Police Department.
(D) A person convicted under Tex. Penal Code Ch. 46 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 60 days after the date of the judgment of conviction;
(2) The person has been previously convicted under Tex. Penal Code Ch. 46; or
(3) The weapon is defined as a prohibited weapon under Tex. Penal Code Ch. 46.
(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.