I see a bug in the ointment.
If I happen to have a weapon stolen that was, say, a gift from uncle Jim - and it's recovered. How am I determined to be the "lawful owner"?
Gun registration!
Not registered? No "lawful owner".
Ooorah. North Carolina needs 18-yo conceal carry. 18-yo can open carry, but cops often harass them.
Now they just need to pass the consitutional carry bill that is in the legislature as we speak.
I would add three small provisions to this law.
1) If a gun is a collectible never fired, police are prohibited from test firing it, or attempting to test fire it for ballistic records (which could ruin it, and/or ruin its value.) (This has been done by the ATF to punish collectible gun owners, costing them tens of thousands of dollars in lost value of their collectibles.)
2) If at any time police determine a gun in their custody to be unserviceable, fouled, defective, or damaged, an annotation of that fact in writing must be provided to the rightful gun owner with the return of the gun. (A public safety measure, as a gun owner might attempt to use their returned gun before inspecting and cleaning it, possibly resulting in damage or injury.)
3) “In the US, firearms manufactured after 1968 must contain a unique serial number somewhere on the metal frame.”
18 USC § 922:
“It shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importers or manufacturers serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importers or manufacturers serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.”
There are also many state laws on this subject as well.
If the printed serial number of the gun has been obscured, damaged or tampered with, the police will restore the serial number before the return of the gun to its owner, so that he will not be subject to prosecution for this offense. The owner may have to pay the reasonable cost of this restoration, doing so before the gun is returned.