2018 South Dakota Codified Laws
Title 23A - CRIMINAL PROCEDURE
Chapter 37 - Disposition Of Seized Property
§ 23A-37-13 Controlled weapons and firearms disposal.
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.
