17-240. Disposition of wildlife; devices;
unlawful devices; notice of intention to destroy; waiting period;
destruction; jurisdiction of recovery actions; disposition of
unclaimed property
A. Wildlife seized under this title may be disposed of in such manner as the
commission or the court may prescribe, except that the edible portions shall be given to
public institutions or charitable organizations. In consultation with the department of
health services and the chief veterinary meat inspector, the commission shall adopt rules
for the handling, transportation, processing and storing of game meat given to public
institutions and charitable organizations.
B. Devices, excepting firearms, which cannot be used lawfully for the taking of
wildlife and being so used at the time seized may be destroyed. Notice of intention to
destroy such devices as prescribed in this section must be sent by registered mail to the
last known address of the person from whom seized if known and posted in three
conspicuous places within the county wherein seized, two of said notices being posted in
the customary place for posting public notices about the county courthouse of said
county. Such device shall be held by the department for thirty days after such posting
and mailing, and if no action is commenced to recover possession of such device within
such time, the same shall be summarily destroyed by the department, or if such device
shall be held by the court in any such action to have been used for the taking of
wildlife, then such device shall be summarily destroyed by the department immediately
after the decision of the court has become final. The justice court shall have
jurisdiction of any such actions or proceedings commenced to recover the possession of
such devices.
C. Devices other than those referred to in subsection B, including firearms seized
under this title shall, after final disposition of the case, be returned to the person
from whom the device was seized. If the person from whom the device was seized cannot be
located or ascertained, the device seized shall be retained by the department at least
ninety days after final disposition of the case, and all devices so held by the
department may be:
1. Sold annually.
2. Destroyed only if considered a prohibited or defaced weapon, as defined in
section 13-3101, except that any seized firearm registered in the national firearms
registry and transfer records of the United States treasury department or has been
classified as a curio or relic by the United States treasury department shall not be
destroyed.
D. If no complaint is filed pursuant to this title, the device shall be returned to
the person from whom seized within thirty days from the date seized.
E. A complete report of all wildlife and devices seized by the department showing a
description of the items, the person from whom it was seized, if known, and a record of
the disposition shall be kept by the department. The money derived from the sale of any
devices shall be deposited in the game and fish fund.
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