Alaska Statutes: AS 12.36.050. Remission of Forfeited Property.

Alaska Statutes. Title 12. Code of Criminal Procedure Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence Section 50. Remission of Forfeited Property.

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AS 12.36.050. Remission of Forfeited Property.

(a) A claimant seeking remission of the claimant's interest in a weapon ordered forfeited under AS 12.55.015 (a)(9) shall prove to the court by a preponderance of evidence that the claimant

(1) has a valid interest in the weapon, acquired in good faith;

(2) did not knowingly participate in the commission of the crime in which the weapon was used; and

(3) did not know or have reasonable cause to believe that the weapon was used or would be used to commit a crime.
(b) Upon a showing that a claimant is entitled to relief under (a) of this section, the court may order that the weapon be released to the claimant.
(c) A claim may not be filed under this section more than 120 days after the entry of the last final judgment in the case in which the weapon was ordered forfeited.

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