Any law enforcement officer shall seize the license, weapon and ammunition owned by a licensee when he/she has grounds to believe that the licensee has made or shall make illegal use of said weapon and ammunition to harm other persons; has threatened to commit a crime; has stated the intent to commit suicide; has repeatedly demonstrated negligence or carelessness in handling the weapon; when it is deemed that the holder has a mental condition, is considered to be a habitual drunkard, or is addicted to controlled substances; or in any other situation of serious risk or danger that justifies this emergency measure. A law enforcement officer shall also seize the license, weapons and ammunition when the holder thereof is arrested for committing a felony or a misdemeanor that implies violence. Upon the petition of the party from whom the weapon is seized, filed within fifteen (15) work days after the weapon is seized, the Superintendent shall hold an administrative hearing within a term of not more than forty-five (45) days to sustain, review or modify the seizing performed by the law enforcement officer. The Superintendent shall issue his/her decision within a term of not more than forty-five (45) days from the date of said formal administrative hearing, and if the Superintendent’s decision is favorable to the injured party, he/she shall order the immediate return of the seized weapon or weapons.
History —Sept. 11, 2000, No. 404, § 2.13; Jan. 10, 2002, No. 27, § 11; June 3, 2004, No. 137, § 10.