[Previous] [Next]
§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.
[Previous] [Next]