26.19.150 Confiscation/Forfeiture and Disposal of Deadly Weapon(s)

Upon conviction of any offense involving the use of a deadly weapon, the deadly weapon with reference to which the defendant shall have been convicted, shall be ordered confiscated and disposed of by the presiding judge at the trial in one of the following ways in the discretion of the presiding judge:

(a) By ordering the weapon returned to its rightful owner, but only when such owner:

(1) Is a person other than the defendant;

(2) Was unlawfully deprived of such weapon without his/her consent;

(3) Has filed a petition for the recovery of such weapon with the presiding judge at the time of the defendant's conviction; and

(4) Is entitled to possession of the weapon as determined by the presiding judge.

(b) By ordering such weapon turned over to the chief of police of the Belcourt Police Department or his/her duly authorized agent to be destroyed. The Chief of Police shall maintain a record of the destruction thereof. By ordering the weapon, if the weapon has a legible unique identification number, turned over to the Belcourt Police Department for the official use of such agency, but only upon the written request by the Belcourt Chief of Police. The Belcourt Police Department shall maintain a record and inventory of all such weapons received.