§1053. Confiscation and seizure of machine gun
Any machine gun possessed in violation of section 1051 is declared to be contraband and is subject to forfeiture to the State. Any law enforcement officer shall have the power to seize the same with due process.
[PL 1975, c. 499, §1 (NEW).]
When a machine gun is seized as provided, the officer seizing the machine gun shall immediately file with the judge before whom such warrant is returnable a libel against the machine gun, setting forth the seizure and describing the machine gun and the place of seizure in a sufficient manner to reasonably identify it, that it was possessed in violation of law and pray for a decree of forfeiture of the machine gun. The judge shall fix a time for the hearing of the libel and shall issue the judge's monition and notice of same to all persons interested, citing them to appear at the time and place appointed to show cause why the machine gun should not be declared forfeited, by causing true and attested copies of the libel and monition to be posted in 2 public and conspicuous places in the town and place where the machine gun was seized, at least 10 days before the libel is returnable. In addition, a true and attested copy of the libel and monition must be served upon the person from whom the machine gun was seized and upon the owner of the machine gun, if their whereabouts can be readily ascertained, at least 10 days before the libel is returnable. In lieu of forfeiture proceedings, title to the seized machine gun may be transferred in writing to the State by the owner. If title to and ownership in the machine gun is transferred to the State, a receipt for the machine gun must be given to the former owner by the law enforcement officer who seized the machine gun.
[RR 2025, c. 2, Pt. F, §71 (COR).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). RR 2025, c. 2, Pt. F, §71 (COR).