23A-37-13. Controlled weapons and firearms disposal.
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;
(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, destroy, or sell, as provided in chapter 5-24A or §6-13-6, the controlled weapon or firearm.
Source: SL 1983, ch 188, §2; SL 1998, ch 151, §1; SL 1999, ch 128, §2; SL 2006, ch 137, §1; SL 2011, ch 2, §131.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 37 - Disposition Of Seized Property
Section 23A-37-1 - Property subject to chapter.
Section 23A-37-2 - Safekeeping of seized property.
Section 23A-37-3 - Transfer to another court of property required as evidence.
Section 23A-37-4 - Application for return of property to person with right to possession.
Section 23A-37-5 - Time of hearing on claim for return of seized property.
Section 23A-37-6 - Notice of hearing on disposition of seized property.
Section 23A-37-7 - Money restored to owner--Gambling money paid into county treasury.
Section 23A-37-8 - Conditions for release of seized property to owner.
Section 23A-37-10 - Sale or transfer of unclaimed property.
Section 23A-37-11 - Controlled substances exempt from chapter.
Section 23A-37-12 - Chapter supplemental--Disposition as directed by court.
Section 23A-37-13 - Controlled weapons and firearms disposal.
Section 23A-37-13.1 - Money from sale to be deposited in law enforcement officers training fund.
Section 23A-37-15 - Notice to defendant of return--Motion not to release.