{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-973","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-973","heading":"Seizure of slot machines and punch boards - Confiscation,","body":"procedure for.\n\nA. Every sheriff, constable, policeman, and peace officer in\n\nthis state is hereby required to seize every slot machine and every\n\npunch board, together with all money contained therein or used in\n\nconnection therewith, and all property and items of value incident\n\nthereto or used or employed in connection therewith, and hold and\n\nsafely keep the same, subject to the order of the district court.\n\nImmediately following such seizure, such officer shall report the\n\nsame and give all facts in relation thereto to the district attorney\n\nof the county in which the seizure was made. The district attorney\n\nshall, immediately following such report, file an application in the\n\ndistrict court of his county in the name of the State of Oklahoma\n\nagainst the slot machine or punch board seized, and the money and\n\nitems, if any, used therewith.\n\nThe application shall include:\n\n1. A statement showing the time and place of seizure and by\n\nwhom made;\n\n2. A general description of the slot machine or punch board,\n\nand of the money and items, if any, seized;\n\n3. The name and address, if known, of the person from whom\n\nseized; and\n\n4. A prayer for judgment:\n\na. confiscating said slot machine or punch board\n\nand money and items seized, and\n\n(1) ordering said slot machine or punch board\n\neither to be sold, with the approval of the court and on such notice\n\nas the court may direct, by the sheriff of the county in which the\n\nseizure was made, within any state, county or municipality in which\n\nthe use of such slot machine or punch board is not prohibited by law\n\nand ordering the proceeds of sale paid into the Sheriff's Training\n\nFund as provided in Section 1325 of Title 22 of the Oklahoma\n\nStatutes, provided that if such slot machine or punch board is not\n\nsold within ninety (90) calendar days, the court shall order such to\n\nbe destroyed under the provisions of this section, or\n\n(2) ordering the immediate destruction of said\n\nslot machine or punch board by the officer seizing the same or by\n\nsome other officer or person to be appointed for such purpose by the\n\ncourt,\n\nb. ordering the money seized with said slot machine\n\nor punch board paid into the Sheriff's Training Fund as provided in\n\nSection 1325 of Title 22 of the Oklahoma Statutes, and\n\nc. ordering any item of value seized with said slot\n\nmachine or punch board, if not in itself offensive or a gambling\n\ndevice, to be sold by the sheriff of the county in which the seizure\n\nwas made, on such notice as the court may direct, and the proceeds\n\nof sale paid into the Sheriff's Training Fund as provided in Section\n\n1325 of Title 22 of the Oklahoma Statutes.\n\nB. The application required to be filed by the district\n\nattorney under the provisions of subsection A of this section may\n\ninclude any number of slot machines or punch boards, or both, and\n\nall money and items, if any, seized therewith. Upon filing said\n\napplication in the district court, the court shall order the\n\ndistrict attorney to cause a copy thereof to be served on the person\n\nfrom whom the slot machine or punch board was seized, together with\n\nwritten notice that such person may appear before the district court\n\nat any date, which shall be fixed in said notice, not less than five\nmoney and items, if any, seized therewith. Upon filing said\n\napplication in the district court, the court shall order the\n\ndistrict attorney to cause a copy thereof to be served on the person\n\nfrom whom the slot machine or punch board was seized, together with\n\nwritten notice that such person may appear before the district court\n\nat any date, which shall be fixed in said notice, not less than five\n\n(5) days from the date said application was filed in the district\n\ncourt, to show cause why said application should not be granted and\n\njudgment rendered as therein prayed. If the person from whom\n\nseizure was made cannot be located, or is unknown, or if said slot\n\nmachine or punch board was unattended at the time of seizure, then\n\nthe foregoing service shall not be required, but in lieu thereof, a\n\ncopy of said application and notice shall be delivered to the place\n\nwhere seizure was made. On the date set forth in the foregoing\n\nnotice, the district court shall hear the application without a\n\njury, and neither party shall have the right to demand a jury trial.\n\nThe district attorney shall present said application on said\n\nhearing, together with all the evidence pertinent thereto, and the\n\nowner of or person from whom the slot machine or punch board was\n\nseized, if present at said hearing, may introduce any competent\n\nevidence. The district court after hearing said application and the\n\nevidence introduced at said hearing, shall determine whether or not\n\nthe slot machine or punch board, or both, mentioned in said\n\napplication, is a slot machine or punch board as defined in Sections\n\n964 and 966 of this title, and if determined to be such, the court\n\nshall make and enter judgment:\n\n1. Confiscating said slot machine or punch board and money and\n\nitems seized, and\n\na. ordering said slot machine or punch board either\n\nto be sold, with the approval of the court and on such notice as the\n\ncourt may direct, by the sheriff of the county in which the seizure\n\nwas made, within any state, county or municipality in which the use\n\nof such slot machine or punch board is not prohibited by law and\n\nordering the proceeds of sale paid into the Sheriff's Training Fund\n\nas provided in Section 1325 of Title 22 of the Oklahoma Statutes,\n\nprovided that if such slot machine or punch board is not sold within\n\nninety (90) calendar days, the court shall order such to be\n\ndestroyed under the provisions of this section, or\n\nb. ordering the immediate destruction of said slot\n\nmachine or punch board by the officer seizing the same or by some\n\nother officer or person to be appointed for such purpose by the\n\ncourt;\n\n2. Ordering the money seized in or with said slot machine or\n\npunch board paid into the Sheriff's Training Fund as provided in\n\nSection 1325 of Title 22 of the Oklahoma Statutes; and\n\n3. Ordering any other item of value seized with the said slot\n\nmachine or punch board, if not in itself offensive or a gambling\n\ndevice, to be sold by the sheriff of the county in which the seizure\n\nwas made, on such notice as the court may direct, and the proceeds\n\nof sale to be paid into the Sheriff's Training Fund as provided in\n\nSection 1325 of Title 22 of the Oklahoma Statutes.\n\nC. The officer or person ordered to destroy a slot machine or\n\npunch board under the provisions of subsection B of this section\n\nshall execute such order and make return thereof within five (5)\n\ndays from the date thereof, showing the manner in which he executed\n\nthe same. An appeal may be had from the judgment of the district\n\ncourt to the Supreme Court, as in civil actions, pursuant to the\n\nprovisions of the code of civil procedure; and in the event of an\n\nappeal by either party, the judgment of the district court shall be\n\nstayed pending the determination of said appeal.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7b596901256ab11aaa8b1ae59fb3338f0208f4f27d7768a62f9cb4f973fc5cd7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-972","next":"us-ok/okla.-stat.-tit.-21-21-974"},"notice":"GroundRules: Original legal text. Not legal advice."}