(a) Subject to constitutional limitation, nothing in this section and §§ 5-73-101 -- 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible when that person is in possession of a deadly weapon.
(b) Property seized under subsection (a) of this section shall be:
(1) Held for seventy-two (72) hours by the law enforcement agency employing the law enforcement officer who seized the property; and
(2) After the seventy-two-hour hold and upon request and presentation of valid proof of ownership, returned to the:
(A) Owner, if he or she is eighteen (18) years of age or older and may lawfully possess the property; or
(B) Parent or legal guardian of the owner, if the owner is a minor and the parent or legal guardian may lawfully possess the property.
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