§ 5-73-110 - Disarming minors and mentally defective or irresponsible persons -- Disposition of property seized.
5-73-110. Disarming minors and mentally defective or 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 pursuant to subsection (a) of this section may be:
(1) Returned to the parent, guardian, or other person entrusted with care and supervision of the person so disarmed; or
(2) Delivered to the custody of a court having jurisdiction to try criminal offenses, in which case the court shall:
(A) Treat the property as contraband under 5-5-101 and 5-5-102; or
(B) Issue an order requiring that at a certain time the parent, guardian, or person entrusted with the care and supervision of the person disarmed show cause why the seized property should not be so treated.
(c) Notice of the show cause proceedings may be given in the manner provided for service of criminal summons under Rule 6.3 of Arkansas Rules of Criminal Procedure.