OK
Oklahoma House Bill HB2826

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2826 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 2826 By: Steagall
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3838 AS INTRODUCED
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4040 An Act relating to firearms; amending 22 O.S. 2021,
4141 Section 1325, which relates to unclaimed property in
4242 possession of the sheriff; def ining term; authorizing
4343 licensed firearms dealers to purchase unclaimed
4444 weapons; amending 63 O.S. 2021, Section 2 -508, which
4545 relates to the disposition of seized property;
4646 allowing law enforcement agencies to sell automobiles
4747 and firearms at public sales; providing for
4848 semiannual public sales; authorizing licensed
4949 firearms dealers to purchase seized firearms; and
5050 providing an effective date .
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5858 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5959 SECTION 1. AMENDATORY 2 2 O.S. 2021, Section 1325, is
6060 amended to read as follows:
6161 Section 1325. A. Any sheriff 's office or campus police agency
6262 as authorized under the Oklahoma Campus Security Act is authorized
6363 to dispose of by public sale, destruction, donation, or transfer fo r
6464 use to a governmental subdivision personal property which has come
6565 into its possession, or deposit in a special fund, as hereafter
6666 provided, all money or legal tender of the United States which has
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9393 come into its possession, whether the property or money be stolen,
9494 embezzled, lost, abandoned or otherwise, the owner of the property
9595 or money being unknown or not having claimed the same, and which the
9696 sheriff or campus police agency has held for at least six (6)
9797 months, and such property or money, or any part thereof, being no
9898 longer needed to be held as evidence or otherwise used in c onnection
9999 with any litigation. As used in this section, "personal property"
100100 shall include pistols, handguns, rifles, shotguns, and all other
101101 lawful firearms.
102102 B. Where personal property held under the circumstances
103103 provided in subsection A of this section is determined by the agency
104104 having custody to be unsuitable for disposition by public sale due
105105 to its condition or assessed by agency personnel as having limited
106106 or no resale value, it may be destroyed, discarded as solid waste or
107107 donated to a charitable organization designated by the U.S. Internal
108108 Revenue Service as a 501(c)(3) nonprofit organization. Where
109109 disposition by destruction, discard, or donation is made of personal
110110 property, a report describing the property by category and quantity,
111111 and indicating what disposition was made for each item or lot, shall
112112 be submitted to the presiding judge of the district court within ten
113113 (10) days following the disposition.
114114 C. Where disposition by public sale is appropriate, the
115115 sheriff's office or campus police a gency shall file an application
116116 in the district court of its county requesting the authority of the
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143143 court to dispose of such personal property, and shall attach to the
144144 application a list describing the property, including all
145145 identifying numbers and marks, if any, the date the property came
146146 into the possession of the sheriff 's office or campus police agency
147147 and the name and address of the owner, if known. The court shall
148148 set the application for hearing not less than ten (10) days nor more
149149 than twenty (20) days after filing.
150150 D. Written notice shall be given by the sheriff 's office or
151151 campus police agency of the hearing to each and every owner known
152152 and as set forth in the applicat ion by first-class mail, postage
153153 prepaid, and directed to the last -known address of the owner at
154154 least ten (10) days prior to the date of the hearing. The notice
155155 shall contain a brief description of the property of the owner and
156156 the place and date of the hearing. In addition, notice of the
157157 hearing shall be posted in three public p laces in the county, one
158158 being the county courthouse at the regular place assigned for the
159159 posting of legal notices or shall be published in a newspaper
160160 authorized by law to publ ish legal notices in the county in which
161161 the property is located. If no newspaper authorized by law to
162162 publish legal notices is published in such county, the notice shall
163163 be published in a newspaper of general circulation which is
164164 published in an adjoinin g county. The notice shall state the name
165165 of the owner being notified by publ ication and shall be published at
166166 least ten (10) days prior to the date of the hearing.
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193193 E. At the hearing, if no owner appears and establishes
194194 ownership to the property, the cou rt shall enter an order
195195 authorizing the sheriff 's office or campus police agency to donate
196196 property having a value of less than Five Hundred Dollars ($500.00)
197197 to a not-for-profit corporation as defined in Title 18 of the
198198 Oklahoma Statutes or to sell the pe rsonal property to the highest
199199 bidder for cash, after at least five (5) days o f notice has been
200200 given by publication in one issue of a legal newspaper of the
201201 county. The sheriff 's office or campus police agency shall make a
202202 return of the donation or sale and, when confirmed by the court, the
203203 order confirming the donation or sale shall vest in the recipient or
204204 purchaser title to the property so donated or purchased . Only a
205205 firearms dealer licensed under Section 923 of Title 18 of the United
206206 States Code may purchase a pistol, handgun, rifle, shotgun, or any
207207 other lawful firearm at a public sale under the provisions of this
208208 subsection.
209209 F. A sheriff's office having in its possession money or legal
210210 tender under the circumstances provided in subsection A of thi s
211211 section, prior to appropriating the same for deposit into a special
212212 fund, shall file an application in the district court of its county
213213 requesting the court to enter an order authorizing it to so
214214 appropriate the money for deposit in the special fund. Th e
215215 application shall describe the money or legal tender, together with
216216 serial numbers, if any, the date the same came into the possession
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243243 of the sheriff's office or campus police agency, and the name and
244244 address of the owner, if known. Upon filing, the app lication, which
245245 may be joined with an application as described in subsection C of
246246 this section, shall be set for hearing not less than ten (10) days
247247 nor more than twenty (20) days from the filing thereof, and notice
248248 of the hearing shall be given as provide d in subsection D of this
249249 section. The notice shall state that, upon no one a ppearing to
250250 prove ownership to the money or legal tender, the same will be
251251 ordered by the court to be deposited in the special fund by the
252252 sheriff's office or campus police agenc y. The notice may be
253253 combined with a notice to sell personal property as set forth in
254254 subsection D of this section. At the hearing, if no one appears to
255255 claim and prove ownership to the money or legal tender, the court
256256 shall order the same to be deposite d by the sheriff's office or
257257 campus police agency in the special fund, as prov ided in subsection
258258 H of this section.
259259 G. Where a sheriff's office or campus police agency has in its
260260 possession under the circumstances provided in subsection A of this
261261 section, personal property deemed to have potential utility to that
262262 sheriff's office, campus police agency or another governmental
263263 subdivision, prior to appropriating the personal property for use,
264264 the sheriff's office or campus police agency shall file an
265265 application in the district court requesting the court to enter an
266266 order authorizing it to so appropriate or transfer the property for
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293293 use. The application shall describe the property, together with
294294 serial numbers, if any, the date the property came into the
295295 possession of the sheriff 's office or campus police agency and the
296296 name and address of the owner, if known. Upon filing, the
297297 application, which may be joined with an application as described in
298298 subsection C of this section, shall be set for hearing not less than
299299 ten (10) days nor more than twenty (20) days from the filing
300300 thereof. Notice of the hearing shall be given as provided in
301301 subsection D of this section. The notice shall state that, upon no
302302 one appearing to prove ownership to the personal property, t he
303303 property will be ordered by the court to be delivered for use by the
304304 sheriff's office or campus police agency or its authorizing
305305 institution or transferred to another governmental subdivision for
306306 its use. The notice may be combined with a notice to sel l personal
307307 property as set forth in subsection D of this section. At the
308308 hearing, if no one appears to claim and prove ownership to the
309309 personal property, the court shall order the property to be
310310 available for use by the sheriff 's office or campus police agency or
311311 delivered to an appropriate person for use by the authorizing
312312 institution or another governmental subdivision.
313313 H. The money received from the public sale of personal property
314314 as above provided, after payment of the court costs and other
315315 expenses, if any, together with all money in possession of the
316316 sheriff's office or campus police agency, which has been ordered by
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343343 the court to be deposited in the special fund, shall be deposited in
344344 such fund which shall be separately maintained by the sheriff 's
345345 office in a special fund with the county treasurer or campus police
346346 agency to be expended upon the approval of the sheriff or head of
347347 the campus police agency for the purchase of equipment, materials or
348348 supplies that may be used in crime prevention, educat ion, training
349349 or programming. The fund or any portion of it may be expended i n
350350 paying the expenses of the sheriff or any duly authorized deputy or
351351 employee of the campus police agency to attend law enforcement or
352352 public safety training courses which are c onducted by the Oklahoma
353353 Council on Law Enforcement Education and Training (CLEET) or other
354354 certified trainers, providers, or agencies.
355355 I. The disposition of biological evidence, as defined by
356356 Section 1372 of this title, shall be governed by the provision s set
357357 forth in Section 1372 of this title.
358358 SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -508, is
359359 amended to read as follows:
360360 Section 2-508. A. Except as otherwise provided, all property
361361 described in paragraphs 1 and 2 of subsect ion A of Section 2-503 of
362362 this title which is seized or surrendered pursuant to the provisions
363363 of the Uniform Controlled Dangerous Substances Act shall be
364364 destroyed. The destruction shall be done by or at the direction of
365365 the Oklahoma State Bureau of Narc otics and Dangerous Drugs Control
366366 (OSBNDD), who shall have the discretion prio r to destruction to
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393393 preserve samples of the substance for testing. In any county with a
394394 population of four hundred thousand (400,000) or more according to
395395 the latest Federal Dec ennial Census, there shall be a located site,
396396 approved by the OSBNDD, for the destruction of the property. Any
397397 such property submitted to the OSBNDD which it deems to be of use
398398 for investigative training, educational, or analytical purposes may
399399 be retained by the OSBNDD in lieu of destruction.
400400 B. 1. With respect to controlled dan gerous substances seized
401401 or surrendered pursuant to the provisions of the Uniform Controlled
402402 Dangerous Substances Act, municipal police departments, sheriffs,
403403 the Oklahoma Bureau of Narcotics and Dangerous Drugs Control
404404 Commission, the Oklahoma Highway Patrol, and the Oklahoma State
405405 Bureau of Investigation shall have the authority to destroy seized
406406 controlled dangerous substances when the amount seized in a single
407407 incident exceeds ten (10) pounds. The destroying agency shall:
408408 a. photograph the seized subst ance with identifying case
409409 numbers or other means of identification,
410410 b. prepare a report describing the seized substance prior
411411 to the destruction,
412412 c. retain at least one (1) poun d of the substance
413413 randomly selected from the seized substance for the
414414 purpose of evidence, and
415415 d. obtain and retain samples of the substance from enough
416416 containers, bales, bricks, or other units of substance
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443443 seized to establish the presence of a weight of the
444444 substance necessary to establish a violation of the
445445 Trafficking in Illega l Drugs Act pursuant to
446446 subsection C of Section 2 -415 of this title, if such a
447447 weight is present. If such weight is not present,
448448 samples of the substance from each container, ba le,
449449 brick or other unit of substance seized shall be
450450 taken. Each sample taken pursuant to this section
451451 shall be large enough for the destroying agency and
452452 the defendant or suspect to have an independent test
453453 performed on the substance for purposes of
454454 identification.
455455 2. If a defendant or suspect is known to the destroying agency,
456456 the destroying agency shall give at least seven (7) days ' written
457457 notice to the defendant, suspect or counsel for the defendant or
458458 suspect of:
459459 a. the date, the time, and the place where the
460460 photographing will take place and notice of the right
461461 to attend the photographing, and
462462 b. the right to obtain samples of the controlled
463463 dangerous substance for independent testing and use as
464464 evidence.
465465 3. The written notice shall also inform the defendant, suspect
466466 or counsel for the defendant or suspect that the destroyin g agency
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493493 must be notified in writing within seven (7) days from receipt of
494494 the notice of the intent of the suspect or defendant to obtain
495495 random samples and make arrangements for the taking of samples. The
496496 samples for the defendant or suspect must be taken by a person
497497 licensed by the Drug Enforcement Administration. If the defendant
498498 or counsel for the defendant fails to notify the destroying agency
499499 in writing of an intent to obt ain samples and fails to make
500500 arrangements for the taking of samples, a sample taken pursuant to
501501 subparagraph d of paragraph 1 of this subsection shall be made
502502 available upon request of the defendant or suspect.
503503 The representative samples, the photographs, the reports, and
504504 the records made under this section and properly identified shall be
505505 admissible in any court or administrative proceeding for any
506506 purposes for which the seized substance itself would have been
507507 admissible.
508508 C. All other property not otherw ise provided for in the Uniform
509509 Controlled Dangerous Substances Act which has come into the
510510 possession of the Oklahoma State Bureau of Narcotics and Dangerous
511511 Drugs Control, the Department of Public Safety, the Oklahoma State
512512 Bureau of Investigation, the A lcoholic Beverage Laws Enforcement
513513 Commission, the Department of Corrections, the Office of the
514514 Attorney General, or a district attorney may be disposed of by order
515515 of the district court when no longer needed in connection with any
516516 litigation. If the owne r of the property is unknown to the agency
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543543 or district attorney, the agency or district attorney shall hold the
544544 property for at least six (6) months prior to filing a petition for
545545 disposal with the district court except for laboratory equipment
546546 which may be forfeited when no longer needed in connection with
547547 litigation, unless the property is perishable. The Director or
548548 Commissioner of the agency, the Attorney General, or district
549549 attorney shall file a petition in the district court of Oklahoma
550550 County or in the case of a district attorney, the petition shall be
551551 filed in a county with in the jurisdiction of the district attorney
552552 requesting the authority to:
553553 1. Conduct a sale of the property at a public auction or use an
554554 Internet auction, which may include onl ine bidding; or
555555 2. Convert title of the property to the Oklahoma State Bureau
556556 of Narcotics and Dangerous Drugs Control, the Department of Public
557557 Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
558558 Beverage Laws Enforcement Commission, the De partment of Corrections,
559559 the Office of the Attorney General, or to the distric t attorney's
560560 office for the purposes provided for in subsection J, K or L of this
561561 section.
562562 The Director, Commissioner, Attorney General or district
563563 attorney shall attach to the p etition:
564564 a. a list describing the property, including all
565565 identifying numbers and marks, if any,
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592592 b. the date the property came into the possession of the
593593 agency or district attorney, and
594594 c. the name and address of the owner, if known.
595595 For any item having a n apparent value in excess of One Hundred
596596 Dollars ($100.00), but less than Fiv e Hundred Dollars ($500.00), the
597597 notice of the hearing of the petition for the sale of the property,
598598 except laboratory equipment used in the processing, manufacturing or
599599 compounding of controlled dangerous substances in violation of the
600600 provisions of the Uniform Controlled Dangerous Substances Act, shall
601601 be given to every known owner, as set forth in the petition, by
602602 first-class mail to the last -known address of the owner at least ten
603603 (10) days prior to the date of the hearing. An affidavit of notice
604604 being sent shall be filed with the court by a representative of the
605605 agency, the Director or Commissioner of the agency, the Attorney
606606 General or district attorney. For items in excess of Five Hundred
607607 Dollars ($500.00), a notice of the hearing of the petition for the
608608 sale of said property shall be delivered to every known owner as set
609609 forth in the petition by certified mail. Notice of a hearing on a
610610 petition for forfeiture or sale of l aboratory equipment used in the
611611 processing, manufacturing or compounding of co ntrolled dangerous
612612 substances in violation of the Uniform Controlled Dangerous
613613 Substances Act shall not be required.
614614 The notice shall contain a brief description of the property,
615615 and the location and date of the hearing. In addition, notice of
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642642 the hearing shall be posted in three public places in the county,
643643 one such place being the county courthouse at the regular place
644644 assigned for the posting of legal notices. At the hearing, if no
645645 owner appears and establishes ownership of the property, the court
646646 may enter an order authorizing the Director, Commissioner, Attorney
647647 General, or district attorney to donate the property pursuant to
648648 subsection J, K or L of this section, to sell the property at a
649649 public auction, including an Internet auction, which may include
650650 online bidding, to the highest bidder, or to convert title of the
651651 property to the Oklahoma State Bureau of Narcotics and Dangerous
652652 Drugs Control, the Department of Public Safet y, the Oklahoma State
653653 Bureau of Investigation, the Alcoholic Beverage Laws Enf orcement
654654 Commission, the Department of Corrections, or the Office of the
655655 Attorney General for the purposes provided for in subsection J, K or
656656 L of this section after at least ten (10) days of notice has been
657657 given by publication in one issue of a legal newspaper of the
658658 county. If the property is offered for sale at public auction,
659659 including an Internet auction, and no bid is received that exceeds
660660 fifty percent (50%) of the value of the property, such value to be
661661 announced prior to the sale, the Director, C ommissioner, Attorney
662662 General, or district attorney may refuse to sell the item pursuant
663663 to any bid received. The Director, Commissioner, Attorney General,
664664 or district attorney shall make a return of the sale and, when
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691691 confirmed by the court, the order confirming the sale shall vest in
692692 the purchaser title to the property so purchased.
693693 D. The money received from the sale of property by the Oklahoma
694694 State Bureau of Narcotics and D angerous Drugs Control shall be used
695695 for general drug enforcement purposes. T hese funds shall be
696696 transferred to the Bureau of Narcotics Revolving Fund established
697697 pursuant to Section 2 -107 of this title or in the case of a district
698698 attorney, the revolving fund provided for in paragraph 3 of
699699 subsection L of Section 2 -506 of this title.
700700 E. At the request of the Department of Public Safety, the
701701 district attorney or a designee of the district attorney may conduct
702702 any forfeiture proceedings as described in Sec tion 2-503 of this
703703 title on any property subject to forfeiture as described in
704704 subsection A, B or C of Section 2 -503 of this title. The money
705705 received from the sale of property by the Department of Public
706706 Safety shall be deposited in the Department of Pub lic Safety
707707 Restricted Revolving Fund and shall be expended for law enforcement
708708 purposes.
709709 F. The money received from the sale of property by the
710710 Alcoholic Beverage Laws Enforcement Commission shall be deposited in
711711 the General Revenue Fund of the state.
712712 G. The money received from the sale of property from the
713713 Oklahoma State Bureau o f Investigation shall be deposited in the
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740740 OSBI Revolving Fund and shall be expended for law enforcement
741741 purposes.
742742 H. The Director of the Department of Corrections shall make a
743743 return of the sale and when confirmed by the court, the order
744744 confirming the sale shall vest in the purchaser title to the
745745 property so purchased. Twenty -five percent (25%) of the money
746746 received from the sale shall be disbursed to a revolving fund in the
747747 office of the county treasurer of the county wherein the property
748748 was seized, said fund to be used as a revolving fund solely for
749749 enforcement of controlled dangerous substances laws, drug abuse
750750 prevention and drug abuse education. The remaining seventy -five
751751 percent (75%) shall be deposited in the Department of Corrections
752752 Revolving Fund to be expended for equipment for probation and parole
753753 officers and correctional officers.
754754 I. The money received from the sale of property from the Office
755755 of the Attorney General shall be deposited in the Attorney General
756756 Law Enforcement Revolving Fund and shall be expended for law
757757 enforcement purposes. The Office of the Attorney General may enter
758758 into agreements with municipal, county or state agencies to return
759759 to such an agency a percentage of proceeds of the sale of any
760760 property seized by the agency and forfeited under the provisions of
761761 this section.
762762 J. Any property, including but not limited to uncontaminated
763763 laboratory equipment used in the processing, manufacturing or
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790790 compounding of controlled dangerous substances in violation of the
791791 provisions of the Uniform Controlled Dangerous Substances Act, upon
792792 a court order, may be donated for classroom or laboratory use by the
793793 Oklahoma State Bureau of Narcotics and Dangerous Dru gs Control,
794794 Department of Public Safety, district attorney, the Alcoholic
795795 Beverage Laws Enforcement Commission, the Department of Corrections,
796796 or the Office of the Attorney General to any public secondary school
797797 or technology center school in this state or any institution of
798798 higher education within The Oklahoma State System of Highe r
799799 Education.
800800 K. Any vehicle or firearm which has come into the possession
801801 and title vested in the Oklahoma State Bureau of Narcotics and
802802 Dangerous Drugs Control, the Department of Public Safety, the
803803 Oklahoma State Bureau of Investigation, the Office of the Attorney
804804 General or a district attorney, may be transferred, donated , sold at
805805 a public sale, or offered for lease to any sheriff 's office, tribal
806806 law enforcement agency, campus police department pursuant to the
807807 provisions of the Oklahoma Campus Security Act, or police department
808808 in this state on an annual or semiannual basis to assist with the
809809 enforcement of the provisions of the Uniform Controlled Dangerous
810810 Substances Act. Eac h agency shall promulgate rules, regulations and
811811 procedures for leasing or selling vehicles and firearms. No fully
812812 automatic weapons will be subject to the leasing agreement or be
813813 offered for sale. Only a firearms dealer licensed under Section 923
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840840 of Title 18 of the United States Code may purchase a pistol,
841841 handgun, rifle, shotgun , or any other lawful firearm at a public
842842 sale under the provisions of this subsection . All firearms leased
843843 may be utilized only by C.L.E.E.T. -certified officers who have
844844 received training in the type and class of weapon leased. Every
845845 lessee shall be required to submit an annual report to the leasing
846846 agency stating the condition of all leased property. A lease
847847 agreement may be renewed annually at the option of the leasing
848848 agency. Upon termination of a lease agreement, the property shall
849849 be returned to the leasing agency for sale or other disposition.
850850 All funds derived from lease agreements , public sale, or other
851851 disposition of property no longer useful to law enforcement shall be
852852 deposited in the agency 's revolving fund, or in the case of the
853853 Department of Public Safety, the Department of Public Safety
854854 Restricted Revolving Fund, and shall be expended for law enforcement
855855 purposes.
856856 L. Before disposing of any property pursuant to subsections C
857857 through I of this section, the Oklahoma State Bureau of Narcoti cs
858858 and Dangerous Drugs Control, the Department of Public Safety, the
859859 Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State
860860 Bureau of Investigation, the Department of Corrections, the Office
861861 of the Attorney General, or a district attorney may transfer or
862862 donate the property to another state agency, tribal law enforcement
863863 agency, or school district for use upon request. In addition to the
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890890 provisions of this section, th e Oklahoma State Bureau of Narcotics
891891 and Dangerous Drugs Control may transfer or donate property for any
892892 purpose pursuant to Section 2 -106.2 of this title. The agencies and
893893 any district attorney that are parties to any transfer of property
894894 pursuant to this subsection shall enter into written agreements to
895895 carry out any such transfer of property. Any such agreement may
896896 also provide for the granting of title to any property being
897897 transferred as the parties deem appropriate. If the transfer of
898898 property is to a school district, a written agreement shall be
899899 entered into with the superi ntendent of the school district. No
900900 weapons may be transferred to a school district except as provided
901901 for in subsection K of this section.
902902 SECTION 3. This act shall become effective November 1, 2025.
903903
904904 60-1-10879 GRS 01/12/25