September 23, 1949 

Bon. James C. Mnrtfn 0plnlon Ho. v-911 

county Attorney 

Huecea county lie: The aqthority of tha 

Corpus Christi, Texas county court to conflscate firearms upon 

a conviction for unDear Mr. Uartia: lawfully carrying arms. 

Your request for an op1nloa la substantially 

as follows: 

“For years it has been the practice 

of the County Court of lIuec*a %ounty, 

Texas, that when a person la brought before the Court charged with the crime of 

uulawfully carrying arma under &tlcle 

483 of the Penal Code of Texas, the Court 

in its judgment makes a docket entry to 

the effect that the weapon involved In 

the case la confiscated by the Court for 

disposal as the Co\urt sees fit. We have 

thus far never had any appsel or dlfflculty attendant to this practice. But 

la checking the authority of the County 

Court to follov such practice, the wrlter la of the opinion that no such authority exlt4ts.” 

Article 483, v.P.c., is as followr: 

“Whoever shall carry on or about his 

person, Baddle, or in his aaddle bags any 

pistol, dlrk, dagger, slung-shot, sword 

cane, spear or ImucUea mmde of any nuttal 

or any hard substance, bowle knife, or any 

other kalfe manufactured or sold for the 

purposes of offense or defense, shall be 

punished by fine not less than $lOO.CO 

nor more than $500.00 or by confinement 

in jail for not less than one month nor 

more thsn one year.” 
I 

. 

Bon. James C. MsrtIn, psege 2 (V-911) 

Generally speaking, the authority for tha forfeiture or confiscation of a weapon must be derived &am 

the general lav of the State. In the case of Clt ~Councl1 v. Leomrd, 39 S.E. 248 (s.C.Sup.1901), It +: was 88 

” . . . Althou& ve hold that the enera1 assembly of this State has clothe II 

the City Council of Abbevllle with power 

to pass the ordinances for the vlolatlon 

of vhich the defendant vas convicted, yet 

ve hold, at the same time, that It had no 

power to affix the penalty of a forfeiture 

of the pistol used by defendant. lo such 

power I$ conferred by the Constitution. . .n 

We -have been unable to Slnd any authority In 

this State for the confiscation of a weapon subsequent 

to a conviction for the offense of unlawfully carrying: 

arms within the meaning of Article 483, Vernon’s Penal 

Code. The cases cited by you In your brief have been 

most helpful In arriving at this conclusion. 

In the case of Jennings v. State, 5 Ter.Ct. 

App.298 (1878), the Court declared a portion of Article 

6512, Paschal’s Digest, which Is now Article &83, V.P.C., 

to be unconstitutional, such unconstitutional pro~lslon 

providing for a forfeiture to the County of the v*pon 

In case .oS convIctIoa. The Court specifically stated 

that: 

“We believe that portion of the Act 

which provides that, In case of conviction, 

the defendant shell forfeit to the county 

the weapon or veapons so found on or about 

his person Is not within the scope of legislative authority.” 

Article 51 of Vernon’s Penal Code provides: 

“When a convict IS Imprisoned In the 

penitentiary, his property shall be controlled as directed by law; but there shall 

in no criminal case be a forfeiture of any 

kind to the State.* 

In this regard Section 21 of Article I (The 

RI11 of Rights) of the Constitution OS Texas, provides: 
Bon. James C. mrtln, page 3 (V-911) 

"Ilo conviction shall vork corruption 

of blood, or forfeiture of estate, and the 

estates of those rho destroy their own 

lives shall descend or vest as la the case 

of lutural death." 

By virtue of the foregolllg authorities It Is 

our opinion that the County Court of Eueces County would 

not be authorized to enter a judgreRt COnfl8Catlng the 

weapon subssquent to a conviction pursuant to Article 

483, V.P.C., for unlawfully carrying arms. 

SUIMARY 

There Is no authority for the county 

court to coaflscate a weapon of a defendant 

subsequent to.a,eonvIctIon for an offense of 

unlawfully carrylq arms mlthin the maulng 

of Article 403;T.P.C; 

Yours very truly, 

ATTORH'EY~EMlLRN,OFTEXAS 

Bu:bh:mw B: ,L’ ’ 

Burnell \ 

LWWQ 

laldrap 

Asslst8ai / 

R.U 

FIRST ASSISTAWT ' 

ATTOBIILI OXBHUL