[§134-7.5]  Seizure of firearms in domesticabuse situations; requirements; return of.  (a)  Any police officer who hasreasonable grounds to believe that a person has recently assaulted orthreatened to assault a family or household member may seize all firearms andammunition that the police officer has reasonable grounds to believe were usedor threatened to be used in the commission of the offense.  The police officermay seize any firearms or ammunition that are in plain view of the officer orwere discovered pursuant to a consensual search, as necessary for theprotection of the officer or any family or household member.  Firearms seizedunder this section shall be taken to the appropriate county police departmentfor safekeeping or as evidence.

(b)  Upon taking possession of a firearm orammunition, the officer shall give the owner or person who was in lawfulpossession of the firearm or ammunition a receipt identifying the firearm orammunition and indicating where the firearm or ammunition can be recovered.

(c)  The officer taking possession of thefirearm or ammunition shall notify the person against whom the alleged assaultor threatened assault was inflicted of remedies and services available tovictims of domestic violence, including the right to apply for a domestic abuserestraining order.

(d)  The firearm or ammunition shall be madeavailable to the owner or person who was in lawful possession of the firearm orammunition within seven working days after the seizure when:

(1)  The firearm or ammunition are not retained foruse as evidence;

(2)  The firearm or ammunition are not retainedbecause they are possessed illegally;

(3)  The owner or person who has lawful possession ofthe firearm or ammunition is not restrained by an order of any court frompossessing a firearm or ammunition; and

(4)  No criminal charges are pending against the owneror person who has lawful possession of the firearm or ammunition when arestraining order has already issued. [L 1996, c 201, §1]