Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 229B: Criminal forfeitures; destruction of weapons

Civil

What this law says, in plain English

This statute establishes procedures for seizing and forfeiting property used in or obtained from criminal violations, including temporary restraining orders and seizure warrants. Property owners may be charged for seizure-related expenses.

Read the full statutory text
any property, real or personal, owned, possessed, or used by a person involved in the offense; any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result of such violation; and any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation. “this subchapter or subchapter II” shall be deemed to be a reference to section 229A(a); and “subsection (a)” shall be deemed to be a reference to subsection (a) of this section. For the purposes of forfeiture proceedings under this section, a temporary restraining order may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853(e)(2) ), the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent circumstances exist that place the life or health of any person in danger. If the court enters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property. The procedures and time limits applicable to temporary restraining orders under section 413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853(e)(2) and (3)) shall apply to temporary restraining orders under this paragraph. is for a purpose not prohibited under the Chemical Weapons Convention; and is of a type and quantity that under the circumstances is consistent with that purpose. The Attorney General shall provide for the destruction or other appropriate disposition of any chemical weapon seized and forfeited pursuant to this section. The Attorney General may request the head of any agency of the United States to assist in the handling, storage, transportation, or destruction of property seized under this section. The owner or possessor of any property seized under this section shall be liable to the United States for any expenses incurred incident to the seizure, including any expenses relating to the handling, storage, transportation, and destruction or other disposition of the seized property.

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