[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR72.21]

[Page 376-377]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 72_DISPOSITION OF SEIZED PERSONAL PROPERTY--Table of Contents
 
                   Subpart C_Seizures and Forfeitures
 
Sec.  72.21  Personal property and carriers subject to seizure.


    (a) Personal property may be seized by duly authorized ATF officers 
for forfeiture to the United States when involved, used, or intended to 
be used, in violation of the laws of the United States which ATF 
officers are empowered to enforce, including Title 18 U.S.C. Chapters 40 
(explosives), 44 (firearms), 59 (liquor traffic), 114 (contraband 
cigarettes), 229 (liquor); Title 26 U.S.C. Chapters 51 (distilled 
spirits), 52 (tobacco), 53 (firearms); and Title 27 U.S.C. 206 (liquor). 
Carriers, as defined in Sec.  72.11, similarly may be seized when used 
in violation of Title 49 U.S.C. App., Chapter 11 (transportation, et 
cetera) of contraband firearms or contraband cigarettes.

[[Page 377]]

    (b) Any action or proceeding for the forfeiture of firearms or 
ammunition seized under 18 U.S.C. Chapter 44 shall be commenced within 
120 days of such seizure.
    (c) Upon acquittal of the owner or possessor, or the dismissal of 
the criminal charges against such person other than upon motion of the 
Government prior to trial, or lapse of or court termination of the 
restraining order to which such person is subject, firearms or 
ammunition seized or relinquished under 18 U.S.C. Chapter 44 shall be 
returned forthwith to the owner or possessor or to a person delegated by 
the owner or possessor unless the return of the firearms or ammunition 
would place the owner or possessor or his delegate in violation of law.

[T.D. ATF-270, 53 FR 10489, Mar. 31, 1988, as amended by T.D. ATF-363, 
60 FR 17449, Apr. 6, 1995]