Section 97A.223 Seizure and Administrative Forfeiture of Certain Firearms and Abandoned Property

MINNESOTA STATUTES AND CODES

Section 97A.223 Seizure and Administrative Forfeiture of Certain Firearms and Abandoned Property

97A.223 SEIZURE AND ADMINISTRATIVE FORFEITURE OF CERTAIN FIREARMS AND ABANDONED PROPERTY.

Subdivision 1.Property subject to seizure and forfeiture.

(a) An enforcement officer must seize:

(1) firearms possessed in violation of state or federal law or court order; and

(2) property described in section 97A.221, subdivision 1, where no owner can be determined.

(b) Property seized under this section is subject to administrative forfeiture.

Subd. 2.Notice of seizure and intent to forfeit.

When property is seized under subdivision 1, the enforcement officer shall serve any known owner and person possessing the property with a notice of the seizure and intent to forfeit the property. The notice must be in writing, describing the property seized, the date of seizure, and notice of the right to appeal the seizure and forfeiture as described in subdivision 3.

Subd. 3.Appeal; final order.

Seizure and administrative forfeiture of property under this section may be appealed under the procedures in section 116.072, subdivision 6, if the owner or other person from whom the property was seized requests a hearing by notifying the commissioner in writing within 45 days after seizure of the property. For purposes of this section, the terms "commissioner" and "agency" as used in section 116.072 mean the commissioner of natural resources. If a hearing is not requested within 45 days of seizure, the forfeiture becomes a final order and not subject to further review.

Subd. 4.Other remedies.

The authority to forfeit firearms and other property under this section is in addition to other remedies available under state and federal law.

Subd. 5.Disposal of forfeited property.

Forfeited property under this section may be disposed of as contraband according to section 97A.221, subdivision 4.

Subd. 6.Reporting.

The appropriate agency and prosecuting authority shall report on forfeitures of firearms, bows, and motor vehicles occurring under this section as described in section 609.5315, subdivision 6.