Louisiana Code of Criminal Procedure 891 – Forfeiture of weapons
Terms Used In Louisiana Code of Criminal Procedure 891
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Summons: Another word for subpoena used by the criminal justice system.
A. For purposes of this Article, a firearm or other dangerous weapon either used in the commission of a felony offense or the use of which constitutes an element of a felony offense may be declared to be crime-related contraband which may be seized by a law enforcement officer in the course of an arrest or issuance of summons or may be seized by order of court pursuant to other provisions of law. The district attorney of the parish where the arrest or seizure occurred may petition the district court to forfeit to the seizing agency an item or thing seized, or may petition the court for seizure, upon a showing that the item or thing seized or to be seized constitutes crime-related contraband.
B. Forfeiture under this Article may be initiated within sixty days of receipt or publication of notice of seizure. The law enforcement agency effecting the seizure shall send notice to the registered owner if known and possessor of the item or thing by certified mail, return receipt requested, at the address provided to the law enforcement agency by any known or believed registered owner or possessor; and if returned unclaimed, notice shall be by an advertisement placed for publication by the seizing agency in the official journal of the parish of the place of seizure.
C. The notice provided for in Paragraph B must state or contain all of the following:
(1) A description of the item or thing to be forfeited.
(2) The name of the registered or believed owner, if any.
(3) A statement regarding the nature and circumstances surrounding the forfeiture.
(4) That the seizing law enforcement agency seeks to forfeit the described item or thing.
(5) That a claim to the item must be made within sixty days from date of receipt or publication of notice in order to interrupt or prevent the forfeiture.
D. The claimant of the item or thing to be forfeited must file a written affidavit with the court wherein the petition was filed within the time period provided for in Paragraph C of this Article. The affidavit shall allege or establish the owner’s or possessor’s lack of knowledge or lack of duty to know that the thing or item was used or intended for use in the commission of an offense. The claimant must also be legally entitled to the ownership or possession of the thing or item and must establish, to the satisfaction of the court, proof of ownership or dominion. If no legitimate claim is made within sixty days, the thing or item shall be declared crime-related contraband by the court and all rights, title, and interest to the thing or item seized shall be transferred to and vested with the seizing law enforcement agency making the seizure. Discretion as to the disposition of crime-related contraband which is a firearm or dangerous weapon shall rest with the court.
E. In addition to ordering the forfeiture of a firearm or dangerous weapon as crime-related contraband as otherwise provided in this Article or by any other provision of law, when a court sentences a defendant, it may order the forfeiture of any weapon used in connection with the offense or found in the possession or under the immediate control of the defendant at the time of the arrest. The court may provide for the destruction, sale, or other disposition of the weapons forfeited.
Acts 1994, 3rd Ex. Sess., No. 21, §1.