21-1271.1.

§21-1271.1.


    A.  Whenever a person under eighteen (18) years of age is
detained or arrested by a law enforcement officer and is carrying any
weapon or firearm prohibited by Section 1272 of this title, each such
prohibited weapon and firearm may be confiscated and forfeited to the
State of Oklahoma by the law enforcement authority.  Such
confiscation and forfeiture shall not require that criminal charges
be filed against the minor.
    B.  However, when a weapon or firearm confiscated pursuant to the
provisions of this section has been taken by a minor without the
permission of the owner, the weapon or firearm shall be returned to
the owner pursuant to the procedures provided in Section 1321 of
Title 22 of the Oklahoma Statutes, provided the possession of such
weapon or firearm by the owner is not otherwise prohibited by law.
    C.  Any weapon or firearm confiscated and forfeited by any law
enforcement authority may be sold at public auction, or when no
longer needed as evidence in the criminal proceeding the confiscating
authority may lease any firearm confiscated and forfeited by law
pursuant to this section to any law enforcement agency for a period
of one (1) year.  Such lease may be renewed each year thereafter at
the discretion of such authority to assist in the enforcement of the
laws of this state or its political subdivisions.  Any weapon or
firearm deemed by the confiscating authority to be inappropriate for
lease or sale shall be destroyed.
    D.  For purposes of this section, the term "confiscate" shall not
be construed to prohibit any parent, guardian or other adult person
from removing or otherwise seizing from any minor any weapon or
firearm in the minor's possession.  Provided however, no school
authority shall return any weapon or firearm removed or otherwise
seized from any minor to any person, and shall immediately deliver
such weapon or firearm to a law enforcement authority for prosecution
and forfeiture.