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Legal Information: Oklahoma

State Gun Laws

December 8, 2023

If the abuser's gun is taken away, what will happen to it?

Oklahoma state law says that if law enforcement arrests someone for domestic violence, the officer is supposed to take any weapon from the abuser that the officer believes was used to commit domestic violence.1

After the weapon has been taken, it will be held by the District Attorney’s office until a final decision has been made about what will happen to it. The District Attorney’s office is supposed to give notice (a “notice of seizure and forfeiture”) to the owner within ten days. The owner has a chance to answer the notice, in writing, and request to have the gun returned. If such an answer is filed, a hearing will be held within ten to sixty days. A judge will decide if the gun should be returned to the owner. If the gun is not returned, either after a hearing or after the owner fails to answer the notice of seizure and forfeiture, then it will be sold or destroyed.2

1 22 O.S. § 60.8(A)
2 22 O.S. §§ 60.8(B), (C); 991a-19