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2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 73 - Weapons
Subchapter 1 - Possession and Use Generally
§ 5-73-110. Disarming minors and mentally defective or mentally irresponsible persons -- Disposition of property seized
Universal Citation: AR Code § 5-73-110 (2017)
- (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.
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