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§22-60.8.
§22-60.8.
A. Each peace officer of this state shall seize any weapon or
instrument when such officer has probable cause to believe such weapon
or instrument has been used to commit an act of domestic abuse as
defined by Section 60.1 of Title 22 of the Oklahoma Statutes, provided
an arrest is made, if possible, at the same time.
B. After any such seizure, the District Attorney shall file a
forfeiture action within ten (10) days of such seizure, or any weapon
or instrument seized pursuant to this section shall be returned to the
owner.
C. The seizure and forfeiture provisions of Section 991a-11 of Title
22 of the Oklahoma Statutes shall be followed for any seizure and
forfeiture of property pursuant to this section. Provided, however, no
weapon or instrument seized pursuant to this section or monies from
the sale of any such seized weapon or instrument shall be turned over
to the person from whom such property was seized if a forfeiture
action has been filed within the time required by subsection B of this
section, unless authorized by this section. Provided further the owner
may prove at the forfeiture hearing that the conduct giving rise to
the seizure was justified, and if the owner proves justification, the
seized property shall be returned to the owner. Any proceeds gained
from this seizure shall be placed in the Crime Victims Compensation
Revolving Fund.
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