§ 5-73-110 — 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.

Legislative History

Amended by Act 2015, No. 688,§ 1, eff. 7/22/2015. Acts 1975, No. 280, § 3110; A.S.A. 1947, § 41-3110.