27 C.F.R. § 72.39

Final action

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(a) Petitions for remission or mitigation of forfeiture. (1) The Director shall take final action on any petition filed pursuant to these regulations. Such final action shall consist either of the allowance or denial of the petition. In the case of allowance, the Director shall state the conditions of the allowance.

(2) In the case of an allowed petition, the Director may order the property or carrier returned to the petitioner, sold for the account of the petitioner, or, pursuant to agreement, acquired for official use.

(3) The Director or his delegate shall notify the petitioner of the allowance or denial of the petition and, in the case of allowance, the terms and conditions under which the Director allowed the petition.

(b) Offers in compromise of liability to forfeiture. The Director or his delegate shall take final action on any offer in compromise of the liability to forfeiture of personal property, including carriers, seized as provided in § 72.21. Such action shall consist either of the acceptance or rejection of the offer.

[T.D. ATF-9, 39 FR 9954, Mar. 15, 1974, as amended by T.D. ATF-183, 49 FR 37061, Sept. 21, 1984]

Notes of Decisions

Cited in 2 cases, 1990–2004 · leading case: Serio v. Baltimore Cnty., 863 A.2d 952 (Md. 2004).

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Serio v. Baltimore Cnty., 863 A.2d 952 (Md. 2004). “See Disposition of Seized Personal Property, 27 C.F.R. § 72.39 (2004), which states: Final action.”

Earl Roy Cooper v. City of Greenwood, Mississippi & Leflore Cnty., Mississippi, Earl Roy Cooper v. City of Greenwood, Mississippi, 904 F.2d 302 (5th Cir. 1990). “27 C.F.R. § 72.39 . We see no reason that a court likewise could not order a sale for the account of a claimant who, like Cooper, legally could not possess firearms, were forfeiture to be denied for any reason.”

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