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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.
   

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