Weapon defined
This law explains what counts as a 'weapon' and what can happen to weapons owned by gang members. A weapon includes guns, knives, blackjacks, explosive weapons, machine guns, switchblade knives, and similar items. If a gang member has a weapon and was using it for crimes, police can take it. If police think giving the weapon back would be dangerous or lead to more gang activity, they can ask a court to decide what to do with it. If the court agrees the weapon is a problem, it gets destroyed.
578.435. Weapon defined — weapons owned or in possession of gang members may be — weapon a and destroyed by , when. — 1. As used in this section and section 578.437, the term "weapon" means any firearm, , , , , knife, , , , rifle, , shotgun, or , as defined in section 571.010.
2. Any weapon which is owned or possessed by a member of a for the purposes of the of an enumerated in (2) of section 578.421 may be confiscated by any or as defined in section 590.100. If the law enforcement agency or peace officer believes that the of the weapon confiscated has been or will be used in or that the return of the weapon would be likely to result in endangering the safety of others, the law enforcement agency or peace officer may initiate a in to determine if the weapon should be returned or declared a nuisance. If the court declares such weapon to be a nuisance, the weapon shall be destroyed.
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Source & history notes
(L. 1993 H.B. 562 § 5 subsecs. 1, 2)
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