Disarming minors and mentally defective or mentally irresponsible persons - Disposition of property seized

(a) Subject to constitutional limitation, nothing in this section and §§ 5-73-101 - 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible when that person is in possession of a deadly weapon. (b) Property seized under subsection (a) of this section shall be: (1) Held for seventy-two (72) hours by the law enforcement agency employing the law enforcement officer who seized the property; and (2) After the seventy-two-hour hold and upon request and presentation of valid proof of ownership, returned to the: (A) Owner, if he or she is eighteen (18) years of age or older and may lawfully possess the property; or (B) Parent or legal guardian of the owner, if the owner is a minor and the parent or legal guardian may lawfully possess the property. Amended by Act 2015, No. 688,§ 1, eff. 7/22/2015. Acts 1975, No. 280, § 3110; A.S.A. 1947, § 41-3110.

(a) Subject to constitutional limitation, nothing in this section and §§ 5-73-101 - 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible when that person is in possession of a deadly weapon.

(b) Property seized under subsection (a) of this section shall be: (1) Held for seventy-two (72) hours by the law enforcement agency employing the law enforcement officer who seized the property; and (2) After the seventy-two-hour hold and upon request and presentation of valid proof of ownership, returned to the: (A) Owner, if he or she is eighteen (18) years of age or older and may lawfully possess the property; or (B) Parent or legal guardian of the owner, if the owner is a minor and the parent or legal guardian may lawfully possess the property.

(1) Held for seventy-two (72) hours by the law enforcement agency employing the law enforcement officer who seized the property; and

(2) After the seventy-two-hour hold and upon request and presentation of valid proof of ownership, returned to the: (A) Owner, if he or she is eighteen (18) years of age or older and may lawfully possess the property; or (B) Parent or legal guardian of the owner, if the owner is a minor and the parent or legal guardian may lawfully possess the property.

(A) Owner, if he or she is eighteen (18) years of age or older and may lawfully possess the property; or

(B) Parent or legal guardian of the owner, if the owner is a minor and the parent or legal guardian may lawfully possess the property.

Amended by Act 2015, No. 688,§ 1, eff. 7/22/2015.

Acts 1975, No. 280, § 3110; A.S.A. 1947, § 41-3110.