Could an Anderson County sheriff return a found handgun to the person who turned it in?

Plain-English summary

Anderson County’s sheriff’s office asked whether it could return a found firearm to the person who had turned it in after determining it was not stolen and the finder could legally possess it. The Attorney General answered in 2009 that the handgun could be returned only upon compliance with S.C. Code Ann. § 16-3-55. Those conditions went beyond checking theft status and the finder’s eligibility.

The quoted statute required a 90-day hold and diligent efforts to learn whether the handgun was stolen, used in a crime, and who owned it. It also required two newspaper advertisements during the hold. After the specified period, the finder had to request return, complete the application process, and pay advertising and other incidental costs. The opinion did not find that the particular handgun had already satisfied those steps.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Was a not-stolen check enough to return the handgun? A: No. The opinion applied the statute’s additional hold, diligent-investigation, publication, application, request, and cost requirements.

Q: How long did the quoted statute require the agency to hold it? A: The 2009 text quoted a 90-day holding period and also tied return to the passage of 90 days from the first newspaper advertisement.

Q: Could the finder request the handgun back?
A: Yes, after the statutory period, if the finder completed the required application and paid advertising and incidental costs.

Q: Did the AG decide who actually owned this handgun? A: No. The opinion quoted the agency’s duty to investigate the true owner but did not resolve ownership of the particular firearm.

Background and statutory framework

The request posed a narrow question about returning a firearm to its finder. The Attorney General answered by reproducing S.C. Code Ann. § 16-3-55, which specifically addressed a handgun found and delivered to a law-enforcement agency. The statute specified investigation, publication, application, and cost requirements before return to the finder.

The opinion’s conclusion was short: return was permitted on compliance with that provision. It did not create a separate discretionary shortcut for cases where the handgun was not stolen and the finder could possess it.

Citations and references

Statute discussed: S.C. Code Ann. § 16-3-55, quoted in full for the return of a found handgun to its finder.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-10-2009/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/clamp-t-os-8843-8-10-09-return-of-found-firearm.pdf

Original opinion text

H ENRY M CM ASTER
A r roRNEY G ENERAL

August 10, 2009

Sergeant Tommy Clamp
Anderson County Sherifrs Office
P. 0 . Box 5497
Anderson, South Carolina 29625
Dear Sergeant Clamp:

In a letter to this office you questioned whether your department can return a firearm to the individual who found the firearm after it has been determined that the firearm was not stolen and the person can legally possess the fireann. S.C. Code Ann. § 16-3-55 states as follows: (A) A handgun that is found and turned over to a law enforcement agency must be held for a period of ninety days. During that period, the agency shall make a diligent effort to determine: (1) if the handgun is stolen; (2) if the handgun has been used in the commission of a crime; and (3) the true owner of the handgun. (B) At least twice during the ninety-day holding period, the agency shall advertise the handgun with its full description in a newspaper having general circulation in the county where the handgun was found. (C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the handgun, the agency shall return the handgun to this person if the individual fully completes the application process as described in Section 23-31-140 and in federal law, and pays all advertising and other costs incidental to returning the handgun. No handgun may be returned until the individual fully completes the application.

REMBERT c. D ENNIS B UlLDINO •

POST OFFICE Box 11549

• COLUMBIA, SC 292 11-1549 • T EI.E.PHONE 803-734-3970 • FACSIMILE 803-253-6283

Sergeant Clamp
Page2
August 10, 2009

(D) Upon proper completion of the application, the law enforcement agency shall provide copies of the application in compliance with Section 23-31-140. Therefore, pursuant to such provision, the firearm may be returned to the individual who found such upon compliance with the requirements of such statute. With kind regards, I am, Very truly yours, Henry McMaster

Cff:J:~ fl;l d By:

. ,(m)L.
Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General