(1) Incident to an arrest under section 28-323, a peace officer: (a) Shall seize all weapons that are alleged to have been involved or threatened to be used; and (b) May seize any firearm and ammunition in the plain view of the officer or that is discovered pursuant to a search authorized or consented to by the person being searched or in charge of the premises being searched, as necessary for the protection of the officer or any other person. (2) Weapons seized under this section shall be stored according to the policies and procedures implemented by the seizing law enforcement agency. (3) Disposition of weapons under this section shall be determined by court order.
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