(a) In any situation in which a firearm, pellet gun or stun gun is found to be present at a location at which a person able to gain control of such item 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 item may be used to cause bodily harm, such item shall be seized by the police and kept in the custody of the Chief of Police for a period of 30 days unless earlier release is ordered by a Court of competent jurisdiction. In no case, however, shall such item be released by the Chief of Police or the Court if its owner has been charged with a violation of the provisions of this chapter, or any felony or misdemeanor involving the use of a firearm, pellet gun or stun gun, or the threat or the use of force or violence against the person of another, subsequent to its seizure, unless such charges have been dismissed for want of prosecution or the charges have resulted in a subsequent acquittal.
(b) Any firearm, pellet gun or stun gun, which any person owns, possesses or uses in violation of any of the provisions of this chapter shall, upon conviction of such person of any offense under this chapter, be confiscated and destroyed by the police, except that any such firearm, pellet gun or stun gun which has been reported stolen shall be returned to the lawful owner thereof unless possession thereof by the owner would constitute a violation of any of the provisions of this chapter.
(1982 Code, § 519.03) (Ord. 76-25. Passed 5-17-1976.)