§ 3051. — Repealed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3051]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 203--ARREST AND COMMITMENT
Sec. 3051. Powers of special agents of Bureau of Alcohol,
Tobacco, Firearms, and Explosives
(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.
(Added Pub. L. 107-296, title XI, Sec. 1113, Nov. 25, 2002, 116 Stat.
2279.)
References in Text
The customs laws, referred to in subsec. (c)(1), (2), are classified
generally to Title 19, Customs Duties.
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, Sec. 1, 62 Stat.
817, related to powers of extradition agents, prior to repeal by act
Oct. 31, 1951, ch. 655, Sec. 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.
