2016 US Code
Title 18 - Crimes and Criminal Procedure
Part II - Criminal Procedure
Chapter 203 - Arrest and Commitment
Sec. 3051 - Powers of Special Agents 1 of Bureau of Alcohol, Tobacco, Firearms, and Explosives

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Citation 18 U.S.C. § 3051 (2016)
Section Name §3051. Powers of Special Agents 1 of Bureau of Alcohol, Tobacco, Firearms, and Explosives
Section Text

(a) Special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as any other investigator or officer charged by the Attorney General with the duty of enforcing any of the criminal, seizure, or forfeiture provisions of the laws of the United States, may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

(b) Any special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may, in respect to the performance of his or her duties, make seizures of property subject to forfeiture to the United States.

(c)(1) Except as provided in paragraphs (2) and (3), and except to the extent that such provisions conflict with the provisions of section 983 of title 18, United States Code, insofar as section 983 applies, the provisions of the Customs laws relating to—

(A) the seizure, summary and judicial forfeiture, and condemnation of property;

(B) the disposition of such property;

(C) the remission or mitigation of such forfeiture; and

(D) the compromise of claims,


shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under any applicable provision of law enforced or administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

(2) For purposes of paragraph (1), duties that are imposed upon a customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or any other person as may be authorized or designated for that purpose by the Attorney General.

(3) Notwithstanding any other provision of law, the disposition of firearms forfeited by reason of a violation of any law of the United States shall be governed by the provisions of section 5872(b) of the Internal Revenue Code of 1986.

Source Credit

(Added Pub. L. 107–296, title XI, §1113, Nov. 25, 2002, 116 Stat. 2279.)

Editorial Notes REFERENCES IN TEXT

Section 5872(b) of the Internal Revenue Code of 1986, referred to in subsec. (c)(3), is classified to section 5872(b) of Title 26, Internal Revenue Code.

PRIOR PROVISIONS

A prior section 3051, act June 25, 1948, ch. 645, §1, 62 Stat. 817, related to powers of extradition agents, prior to repeal by act Oct. 31, 1951, ch. 655, §56(f), 65 Stat. 729. Substantially identical provisions are contained in section 3193 of this title.

EFFECTIVE DATE

Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security.

Footnotes

1 So in original. The words "Special Agents" probably should not be capitalized.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 18 - CRIMES AND CRIMINAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
Sec. 3051 - Powers of Special Agents 1 of Bureau of Alcohol, Tobacco, Firearms, and Explosives
Contains section 3051
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 62 Stat. 817
65 Stat. 729
116 Stat. 2279
Public Law References Public Law 107-296
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