749.14 FIREARMS HELD IN CUSTODY OR CONFISCATED.

   (a)   In any situation where a firearm is present and a person has been drinking or disturbing the peace, or threatening bodily harm, or causing or threatening a disturbance or violence, and there is reasonable cause for the investigating police officer to believe that such firearm may be used to cause bodily harm, such firearm may be seized by the police and kept in the custody of the Chief of Police for a period of seventy-two (72) hours or until released by an order of a court of competent jurisdiction. However, such firearm shall not be released by the Chief or such court if its owner has, subsequent to its seizure, been charged with a violation of the provisions of this chapter, or any felony or misdemeanor involving the use of a firearm, or the threat of the use of force or violence against the person of another.

   (b)   Any firearm seized by a police officer upon the arrest of any person, firm or corporation charged with a violation of any of the provisions of this chapter, or any felony or misdemeanor involving the use of a firearm or the use of force or violence, or the threat of the use of force or violence against the person of another, shall upon conviction of such person, firm, or corporation, be ordered confiscated by the Shaker Heights Municipal Court, and such firearm shall be turned over to the Police Department for disposal, except that any firearm seized which has been reported stolen shall be returned to the lawful owner thereof.

   (c)   When any firearm is seized by the police, all identification cards or licenses shall also be seized and kept in the custody of the Chief until released as in subsection (a) hereof.

(Ord. 14-44. Enacted 6-23-14.)