The following classes of property shall be considered exceptions to § 10-202 and shall be dealt with in the following manner.
(a) Cash money shall be turned over to the City General Fund unless it shall be determined to have collector’s value, in which case it shall be auctioned according to the provisions in § 10-202.
(b) Except as provided in divisions (c) and (d) below, any weapon or ammunition, in the discretion of the court having jurisdiction of the property, shall be:
(1) Forfeited to the law enforcement agency seizing the weapon for use within such agency, for sale to a properly licensed federal firearms dealer for trading to a properly licensed federal firearms dealer for other new or used firearms or accessories for use within such agency, or for trading to another law enforcement agency for that agency’s use;
(2) Forfeited to the State Bureau of Investigation for law enforcement, testing or comparison by the State Bureau of Investigation forensic laboratory;
(3) Forfeited to a county regional forensic science center, or other county forensic laboratory for testing, comparison or other forensic science purposes; or
(4) Forfeited to the State Department of Wildlife, Parks and Tourism for use pursuant to the conditions set forth in K.S.A. 32-1047, and amendments thereto.
(c) Except as provided in division (d) below, any weapon which cannot be forfeited pursuant to division (b) above due to the condition of the weapon, and any weapon which was used in the commission of a felony as described in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404 or 21-5405, and amendments thereto, shall be destroyed.
(d) If a weapon is seized from an individual and the individual is not convicted or adjudicated as a juvenile offender of the violation for which the weapon was seized, then within 30 days after the declination or conclusion of prosecution of the case against the individual, including any period of appeal, the law enforcement agency that seized the weapon shall verify that the weapon is not stolen, and upon such verification shall notify the person from whom it was seized that the weapon may be retrieved. Such notification shall include the location where such weapon may be retrieved.
(e) If weapons are sold as authorized by division (b) above, the proceeds of the sale shall be credited to the Asset Seizure and Forfeiture Fund of the seizing agency.
(f) For purposes of divisions (b), (c) and (d) above, the term
WEAPON means any:
(1) Bludgeon, sand club, metal knuckle or throwing star;
(2) Dagger, dirk, billy, blackjack, slungshot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character;
(3) Spring gun; or
(4) Firearm.
(g) Homemade weapons or weapons of a contraband nature shall be destroyed.
(h) Any items determined to be contraband such as explosives, narcotics and the like shall be destroyed.
(i) Controlled substances forfeited for violations of K.S.A. 21-5701 through 21-5717, and amendments thereto, shall be dealt with as provided under K.S.A. 60-4101 through 60-4126, and amendments thereto.
(j) Items of a pharmaceutical nature, which, while not contraband when properly dispensed, or which are of an over-the-counter variety, shall be destroyed.
(k) Foodstuffs, if sealed and undamaged may be turned over to any appropriate social service agency or destroyed, but shall not be auctioned.
(l) Alcohol products such as beer, wine, whiskey and the like shall be destroyed.
(m) Items with a value in excess of $500 may be sold after advertising said item in a general circulation newspaper on at least two occasions. Such sales shall be by closed bid.
(K.S.A. 22-2512)