A. If any weapon(s), gear or vehicle is seized and the owner is identified, the Attorney General shall review the case and either:
B. Forfeiture – Unidentified Owner. When weapons, gear or wildlife is seized and the owner is unknown to the law enforcement officer, the law enforcement officer shall post notice of the seizure in the immediate vicinity of where the weapons, gear or vehicle were seized. The posting of such notice shall constitute notice of forfeiture. Notice of forfeiture may also be perfected by publishing notice of the seizure in a newspaper of general circulation. The Attorney General shall review the case and file a complaint in rem for forfeiture or violation of this law. The Attorney General may authorize law enforcement officers to release, without a court order, any weapons, gear, or vehicle seized.
C. Third-Party Interests in Forfeited Property. Any person asserting a legal interest in weapon(s), gear, or vehicle so seized that is the subject of a complaint or civil action under subsection (A) or (B) of this section may, within thirty (30) days of the initial filing in the Court action, petition the Court for a hearing to adjudicate the validity of that person’s alleged interest in the property. The petitioner shall have the burden of proving by a preponderance of the evidence that the petitioner has a legal right, title, or interest in the items seized, is a bona fide purchaser for value of the right, title, or interest in the items, and is an innocent owner. Any person determined to be the owner of such weapons, gear or wildlife may be held liable for the violation for which the items were seized, unless the items reported as stolen prior to being seized.
D. Clear Title after Forfeiture. Following the Court’s disposition of the underlying legal action, law enforcement shall have clear title to any forfeited weapon(s), gear or vehicle. ONCA 17-30, eff. Apr. 26, 2017.