CHAPTER 137
(HB 1075)
Confiscated weapons may be sold.
ENTITLED, An Act to
revise certain provisions relating to the disposition of confiscated weapons
and firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
23A-37-13
be amended to read as follows:
23A-37-13.
Any controlled weapon or firearm used in violation of chapter 22-14 shall be
disposed of as follows:
(1)
If it is stolen, it shall be returned to the lawful owner upon proof of ownership; or
(2)
If it is illegal, it shall be destroyed pursuant to law; or
(3)
If it is neither stolen nor illegal, it shall be delivered to the arresting agency or, at the
direction of the attorney general, to the South Dakota Forensic Laboratory for scientific
examination purposes, for lawful use or disposal.
In the case of a disposition pursuant to subdivision (3), the arresting agency
or forensic
laboratory
may use, trade-in,
or
destroy
, or sell, as provided in
§
5-23-32, 5-24-9.2 or 6-13-6,
the
controlled weapon or firearm.
Section
2.
That chapter
23A-37
be amended by adding thereto a NEW SECTION to read as
follows:
Any moneys derived by the South Dakota Forensic Laboratory from the sale of weapons or
firearms pursuant to section 1 of this Act shall be deposited in the law enforcement officers
training fund.
Signed February 22, 2006