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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1185 By: West (Rick)
AS INTRODUCED
An Act relating to firearms; amending 22 O.S. 2021,
Section 1325, which relates to unclaimed property in
possession of the sheriff; prohibiting the
destruction of historic military weapons; directing
agencies to donate weapons to certain veterans '
organizations; amending 63 O.S. 2021, Section 2 -508,
which relates to the disposition of seized property;
prohibiting the destruction of his toric military
firearms; directing agencies to donate weapons to
certain veterans' organizations; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2 021, Section 1325, is
amended to read as follows:
Section 1325. A. Any sheriff 's office or campus police agency
as authorized under the Oklahoma Campus Security Act is authorized
to dispose of by public sale, destruction, donation, or transfer for
use to a governmental subdivision personal property which has come
into its possession, or deposit in a special fund, as hereafter
provided, all money or legal tender of the United States which has
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come into its possession, whether the property or money be stole n,
embezzled, lost, abandoned or otherwise, the owner of the property
or money being unknown or not having claimed the same, and which the
sheriff or campus police agency has held for at least six (6)
months, and such property or money, or any part thereof , being no
longer needed to be held as evidence or otherwise used in connectio n
with any litigation.
B. Where personal property held under the circumstances
provided in subsection A of this section is determined by the agency
having custody to be unsuitab le for disposition by public sale due
to its condition or assessed by agency personnel as having limited
or no resale value, it may be destroyed, discarded as solid waste or
donated to a charitable organization designated by the U.S. Internal
Revenue Service as a 501(c)(3) nonprofit organization . If it is
determined by the agency t hat the personal property is a weapon that
has historic military value, the agency shall be prohibited from
destroying the weapon and shall donate said weapon to a local unit
of a veterans' organization incorporated by enactment of the
Congress of the United States . Where disposition by destruction,
discard, or donation is made of personal property, a report
describing the property by category and quantity, and indicating
what disposition was made for each item or lot, shall be submitted
to the presiding judge of the district court within ten (10) days
following the disposition.
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C. Where disposition by public sale is appropriate, the
sheriff's office or campus police agency shall file an application
in the district court of its county requesting the authority of the
court to dispose of such personal property, and shall attach to the
application a list describing the property, including all
identifying numbers and marks, if any, th e date the property came
into the possession of the sheriff 's office or campus police agency
and the name and address of the owner, if known. The court shall
set the application for hearing not less than ten (10) days nor more
than twenty (20) days after filing.
D. Written notice shall be given by the sheriff 's office or
campus police agency of the hearing to each and every owner known
and as set forth in the application by first -class mail, postage
prepaid, and directed to the last -known address of the o wner at
least ten (10) days prior to the date of the hearing. The notice
shall contain a brief description of the property of the owner and
the place and date of the hearing. In addition, notice of the
hearing shall be posted in three public places in th e county, one
being the county courthouse at the regular place assigned for the
posting of legal notices or shall be published in a newspaper
authorized by law to publish legal notices in the county in which
the property is located. If no newspaper author ized by law to
publish legal notices is published in such county, the notice s hall
be published in a newspaper of general circulation which is
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published in an adjoining county. The notice shall state the name
of the owner being notified by publication and shall be published at
least ten (10) days prior to the date of the hearing.
E. At the hearing, if no owner appears and establishes
ownership to the property, the court shall enter an order
authorizing the sheriff 's office or campus police agency to donat e
property having a value of less than Five Hundred Dollars ($500.00)
to a not-for-profit corporation as defined in Title 18 of the
Oklahoma Statutes or to sell the personal property to the highest
bidder for cash, after at least five (5) days of notice ha s been
given by publication in one issue of a legal newspaper of the
county. The sheriff 's office or campus police agency shall make a
return of the donation or sale and, when confirmed by the court, the
order confirming the donation or sale shall vest in the recipient or
purchaser title to the property so donated or purchased.
F. A sheriff's office having in its possession money or legal
tender under the circumstances provided in subsection A of this
section, prior to appropriating the same for deposit i nto a special
fund, shall file an application in the district court of its county
requesting the court to enter an order authorizing it to so
appropriate the money for deposit in the special fund. The
application shall describe the money or legal tender, together with
serial numbers, if any, the date the same came into the possessi on
of the sheriff's office or campus police agency, and the name and
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address of the owner, if known. Upon filing, the application, which
may be joined with an application as des cribed in subsection C of
this section, shall be set for hearing not less than ten (10) days
nor more than twenty (20) days from the filing thereof, and notice
of the hearing shall be given as provided in subsection D of this
section. The notice shall sta te that, upon no one appearing to
prove ownership to the money or legal tender , the same will be
ordered by the court to be deposited in the special fund by the
sheriff's office or campus police agency. The notice may be
combined with a notice to sell per sonal property as set forth in
subsection D of this section. At the hearing, if no one appears to
claim and prove ownership to the money or legal tender, the court
shall order the same to be deposited by the sheriff 's office or
campus police agency in the special fund, as provided in subsection
H of this section.
G. Where a sheriff's office or campus police agency has in its
possession under the circumstances provided in subsection A of this
section, personal property deemed to have potential utility to t hat
sheriff's office, campus police agency or another governmental
subdivision, prior to appropriating the personal property for use,
the sheriff's office or campus police agency shall file an
application in the district court requesting the court to enter an
order authorizing it to so appropriate or transfer the property for
use. The application shall describe the property, together with
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serial numbers, if any, the date the property came into the
possession of the sheriff 's office or campus police agency and the
name and address of the owner, if known. Upon filing, the
application, which may be joined with an application as described in
subsection C of this section, shall be set for hearing not less than
ten (10) days nor more than twenty (20) days from t he filing
thereof. Notice of the hearing shall be given as provided in
subsection D of this section. The notice shall state that, upon no
one appearing to prove ownership to the personal property, the
property will be ordered by the court to be delivered for use by the
sheriff's office or campus police agency or its authorizing
institution or transferred to another governmental subdivision for
its use. The notice may be combined with a notice to sell personal
property as set forth in subsection D of this section. At the
hearing, if no one appears to claim and prove ownership to t he
personal property, the court shall order the property to be
available for use by the sheriff 's office or campus police agency or
delivered to an appropriate person for use by the authorizing
institution or another governmental subdivision.
H. The money received from the sale of personal property as
above provided, after payment of the court costs and other expenses,
if any, together with all money in possession of the sheriff 's
office or campus police agency, which has been ordered by the court
to be deposited in the special fund, shall be deposited in such fund
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which shall be separately maintained by the sheriff 's office in a
special fund with the county treasurer or campus po lice agency to be
expended upon the approval of the sheriff or head of the campus
police agency for the purchase of equipment, materials or supplies
that may be used in crime prevention, education, training or
programming. The fund or any portion of it ma y be expended in
paying the expenses of the sheriff or any duly authorized dep uty or
employee of the campus police agency to attend law enforcement or
public safety training courses which are conducted by the Oklahoma
Council on Law Enforcement Education a nd Training (CLEET) or other
certified trainers, providers, or agencies.
I. The disposition of biological evidence, as defined by
Section 1372 of this title, shall be governed by the provisions set
forth in Section 1372 of this title.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -508, is
amended to read as follows:
Section 2-508. A. Except as otherwise provided, all property
described in paragraphs 1 and 2 of subsection A of Section 2 -503 of
this title which is seized or surrend ered pursuant to the provisions
of the Uniform Controlled Dangerous Substances Act shall be
destroyed. The destruction shall be done by or at the direction of
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
(OSBNDD), who shall have the discretion prior to destruction to
preserve samples of the substance for testi ng. In any county with a
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population of four hundred thousand (400,000) or more according to
the latest Federal Decennial Census, there shall be a located site,
approved by the OSBNDD, for the destruction of the property. Any
such property submitted to the OSBNDD which it deems to be of use
for investigative training, educational, or analytical purposes may
be retained by the OSBNDD in lieu of destruction.
B. 1. With respect to controlled dangerous substances seized
or surrendered pursuant to the provisi ons of the Uniform Controlled
Dangerous Substances Act, municipal police departments, sheriffs,
the Oklahoma Bureau of Narcotics and Dangerous Drugs Control
Commission, the Oklah oma Highway Patrol, and the Oklahoma State
Bureau of Investigation shall have the authority to destroy seized
controlled dangerous substances when the amount seized in a single
incident exceeds ten (10) pounds. The destroying agency shall:
a. photograph the seized substance with identifying case
numbers or other means of identifica tion,
b. prepare a report describing the seized substance prior
to the destruction,
c. retain at least one (1) pound of the substance
randomly selected from the seized substance for the
purpose of evidence, and
d. obtain and retain samples of the substance from enough
containers, bales, bricks, or other units of substance
seized to establish the presence of a weight of the
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substance necessary to establish a violation of the
Trafficking in Illegal Drugs Act pursuant to
subsection C of Section 2 -415 of this title, if such a
weight is present. If such weight is not present,
samples of the substance from each container, bale,
brick or other unit of substance seized shall be
taken. Each sample taken pursuant to this section
shall be large enough for the destroying agency and
the defendant or suspect to have an independent test
performed on the substance for purposes of
identification.
2. If a defendant or suspect is known to the destr oying agency,
the destroying agency shall give at least seven (7) days ' written
notice to the defendant, suspect or counsel for the defendant or
suspect of:
a. the date, the time, and the place where the
photographing will take place and notice of the righ t
to attend the photographing, and
b. the right to obtain samples of the controlled
dangerous substance for independent testing and use as
evidence.
3. The written notice shall also inform the defendant, suspect
or counsel for the defendant or suspect tha t the destroying agency
must be notified in writing within seven (7) days from receipt of
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the notice of the intent of the suspect or defendant to obtain
random samples and make arrangements for the taking of samples. The
samples for the defendant or suspe ct must be taken by a person
licensed by the Drug Enforcement Administration. If the defendant
or counsel for the defendant fails to notify the destroying agency
in writing of an intent to obtain samples and fails to make
arrangements for the taking of sa mples, a sample taken pursuant to
subparagraph d of paragraph 1 of this subsec tion shall be made
available upon request of the defendant or suspect.
The representative samples, the photographs, the reports, and
the records made under this section and prope rly identified shall be
admissible in any court or administrative proceeding for any
purposes for which the seized substance itself would have been
admissible.
C. All other property not otherwise provided for in the Uniform
Controlled Dangerous Substances Act which has come into the
possession of the Oklahoma State Bureau of Narcot ics and Dangerous
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
Commission, the Department o f Corrections, the Office of the
Attorney General, or a district attorney may be disposed of by order
of the district court when no longer needed in connection with any
litigation. If the owner of the property is unknown to the agency
or district attorney , the agency or district attorney shall hold the
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property for at least six (6) months prior to filing a petition for
disposal with the district court except for laboratory equipment
which may be forfeited when no longer needed in connection with
litigation, unless the property is perishable. The Director or
Commissioner of the agency, the Attorney General, or district
attorney shall file a petition in the district court of Oklahoma
County or in the case of a district attorney, the petition shall be
filed in a county within the jurisdiction of the district attorney
requesting the authority to:
1. Conduct a sale of the property at a public auction or use an
Internet auction, which may include online bidding; or
2. Convert title of the property to the Oklaho ma State Bureau
of Narcotics and Dangerous Drugs Control, the Department of Public
Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
Beverage Laws Enforcement Commission, the Department of Corrections,
the Office of the Attorney General, or to the district attorney 's
office for the purposes provided for in subsection J, K or L of this
section.
The Director, Commissioner, Attorney General or district
attorney shall attach to the petition:
a. a list describing the property, including all
identifying numbers and marks, if any,
b. the date the property came into the possession of the
agency or district attorney, and
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c. the name and address of the owner, if known.
For any item having an apparent value in excess of One Hundred
Dollars ($100.00), bu t less than Five Hundred Dollars ($500.00), the
notice of the hearing of the p etition for the sale of the property,
except laboratory equipment used in the processing, manufacturing or
compounding of controlled dangerous substances in violation of the
provisions of the Uniform Controlled Dangerous Substances Act, shall
be given to every known owner, as set forth in the petition, by
first-class mail to the last -known address of the owner at least ten
(10) days prior to the date of the hearing. An affidavit of notice
being sent shall be filed with the court by a representative of the
agency, the Director or Commissioner of the agency, the Attorney
General or district attorney. For items in excess of Five Hundred
Dollars ($500.00), a notice of the hearing of the petition for the
sale of said property shall be delivered to every known owner as set
forth in the petition by certified mail. Notice of a hearing on a
petition for forfeiture or sale of laboratory equipment used in the
processing, manufacturing or co mpounding of controlled dangerous
substances in violation of the Uniform Contr olled Dangerous
Substances Act shall not be required.
The notice shall contain a brief description of the property,
and the location and date of the hearing. In addition, notice of
the hearing shall be posted in three public places in the county,
one such place being the county courthouse at the regular place
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assigned for the posting of legal notices. At the hearing, if no
owner appears and establishes ownership of the property, the court
may enter an order authorizing the Director, Commissioner, Attorney
General, or district attorney to donate the property pursuant to
subsection J, K or L of this section, to sell the property at a
public auction, including an Internet auction, w hich may include
online bidding, to the highest bidder, or to convert title of the
property to the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Be verage Laws Enforcement
Commission, the Department of Corrections, or the Offi ce of the
Attorney General for the purposes provided for in subsection J, K or
L of this section after at least ten (10) days of notice has been
given by publication in one issue of a legal newspaper of the
county. If the property is offered for sale at public auction,
including an Internet auction, and no bid is received that exceeds
fifty percent (50%) of the value of the property, such value to be
announced prior to the sale, the Director, Commissioner, Attorney
General, or district attorney may refuse to sell the item pursuant
to any bid received. The Director, Commissioner, Attorney General,
or district attorney shall make a return of the sale and, when
confirmed by the cour t, the order confirming the sale shall vest in
the purchaser title to the property so purchased.
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D. The money received from the sale of property by the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control shall be used
for general drug enforceme nt purposes. These funds shall be
transferred to the Bureau of Narcotics Revo lving Fund established
pursuant to Section 2 -107 of this title or in the case of a district
attorney, the revolving fund provided for in paragraph 3 of
subsection L of Section 2 -506 of this title.
E. At the request of the Department of Public Safety, the
district attorney or a designee of the district attorney may conduct
any forfeiture proceedings as described in Section 2 -503 of this
title on any property subject to forfeiture as described in
subsection A, B or C of Section 2 -503 of this title. The mone y
received from the sale of property by the Department of Public
Safety shall be deposited in the Department of Public Safety
Restricted Revolving Fund and shall be expended for law enforcement
purposes.
F. The money received from the sale of property by the
Alcoholic Beverage Laws Enforcement Commission shall be deposited in
the General Revenue Fund of the state.
G. The money received from the sale of property from the
Oklahoma State Bureau of Investigation shall be deposited in the
OSBI Revolving Fund a nd shall be expended for law enforcement
purposes.
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H. The Director of the Department of Corrections shall make a
return of the sale and when confirmed by the court, the order
confirming the sale shall vest in the purchaser title to the
property so purchased. Twenty -five percent (25%) of the money
received from the sale shall be disbursed to a revolving fund in the
office of the county treasurer of the county wherein the property
was seized, said fund to be used as a revolving fund solely for
enforcement of controlled dangerous substances laws, drug abuse
prevention and drug abuse education. The remaining seventy -five
percent (75%) shall be deposited in the Department of Correcti ons
Revolving Fund to be expended for equipment for probation and parole
officers and correctional officers.
I. The money received from the sale of property from the Office
of the Attorney General shall be deposited in the Attorney General
Law Enforcement Revolving Fund and shall be expended for law
enforcement purposes. The Offic e of the Attorney General may enter
into agreements with municipal, county or state agencies to return
to such an agency a percentage of proceeds of the sale of any
property seized by the agency and forfeited under the provisions of
this section.
J. Any property, including but not limited to uncontaminated
laboratory equipment used in the processing, manufacturing or
compounding of controlled dangerous substances in violation of the
provisions of the Uniform Controlled Dangerous Substances Act, upon
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a court order, may be donated for classroom or laboratory use by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
Department of Public Safety, district attorney, the Alcoholic
Beverage Laws Enforcement Commission, the Department of Corrections,
or the Office of the Attorney General to any public secondary school
or technology center school in this state or any institution of
higher education within The Oklahoma State System of Higher
Education.
K. Any vehicle or firearm which has come into the possession
and title vested in the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, the Department of Public Safety, the
Oklahoma State Bureau of Investigation, t he Office of the Attorney
General or a district attorney, may be transferred, donated or
offered for lease to any sheriff 's office, tribal law enforcement
agency, campus police department pursuant to the provisions of the
Oklahoma Campus Security Act, or p olice department in this state on
an annual basis to assist with the enforceme nt of the provisions of
the Uniform Controlled Dangerous Substances Act. Each agency shall
promulgate rules, regulations and procedures for leasing vehicles
and firearms. No fu lly automatic weapons will be subject to the
leasing agreement. All firearms leased may be utilized only by
C.L.E.E.T.-certified officers who have received training in the type
and class of weapon leased. Every lessee shall be required to
submit an annual report to the leasing agency stating the condition
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of all leased property. A lease agreement may be renewed annually
at the option of the leasing agency. Upon termination of a lease
agreement, the property shall be returned to the leasing agency for
sale or other disposition. All funds derived from lease agreements
or other disposition of property no longer useful to law enforcement
shall be deposited in the agency 's revolving fund, or in the case of
the Department of Public Safety, the Department of P ublic Safety
Restricted Revolving Fund, and shall be expended for law enforcem ent
purposes. If it is determined that the firearm is a weapon that has
historic military value, the agency having custody of the weapon
shall be prohibited from destroying said weapon and shall donate the
weapon to a local unit of a veterans ' organization incorporated by
enactment of the Congress of the United States .
L. Before disposing of any property pursuant to subsections C
through I of this section, the Oklahoma State Bur eau of Narcotics
and Dangerous Drugs Control, the Department of Public Safety, the
Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State
Bureau of Investigation, the Department of Corrections, the Office
of the Attorney General, or a district attorney may transfer or
donate the property to another state agency, tribal law enforcement
agency, or school district for use upon request. In addition to the
provisions of this section, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control may transfer or donate property for any
purpose pursuant to Section 2 -106.2 of this title. The agencies and
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any district attorney that are parties to any transfer of property
pursuant to this subsection shall enter into written agreements to
carry out any such transfer of property. Any such agreement may
also provide for the granting of title to any property being
transferred as the parties deem appropriate. If the transfer of
property is to a school district, a written agreement shall be
entered into with the superintendent of the school district. No
weapons may be transferred to a school district except as provided
for in subsection K of this section.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10421 GRS 01/12/25