U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 203— ARREST AND COMMITMENT

18 U.S.C. § 3051

Powers of Special Agents 11 So in original. The words “Special Agents” probably should not be capitalized. of Bureau of Alcohol, Tobacco, Firearms, and Explosives

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(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, § 1113, Nov. 25, 2002, 116 Stat. 2279.)Editorial NotesReferences 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.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 8 cases, 1996–2018 · leading case: United States v. One Trw, Model M14, 7.62 Caliber Rifle, Serial No. 1488973 From William K. Alverson, William K. Alverson, Claimant-Appellant, 441 F.3d 416 (6th Cir. 2006).
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United States v. One Trw, Model M14, 7.62 Caliber Rifle, Serial No. 1488973 From William K. Alverson, William K. Alverson, Claimant-Appellant, 441 F.3d 416 (6th Cir. 2006). · cites it 2× “2279 (codified at 18 U.S.C. § 3051 ). 2 The Customs laws governing forfeitures are found at 19 U.”
Kristine Bunch v. United States, 880 F.3d 938 (7th Cir. 2018). “Section 7608 provided as follows: (a) Enforcement of subtitle E and other laws pertaining to liquor, tobacco, and firearms.”
UNITED STATES of Am., Plaintiff-Appellee, v. Jeffrey Howard VAN POYCK, Defendant-Appellant, 77 F.3d 285 (9th Cir. 1996). “Under these circumstances, 18 U.S.C. § 3051 *294 does not bar admission of Van Poyck’s statements.”
United States v. One Harrington & Richardson Rifle, 278 F. Supp. 2d 888 (W.D. Mich. 2003). “18 U.S.C. § 3051 (c)(1). Under 26 U.S.C. § 5872 (a), property involved in a violation of the NFA is subject to seizure and forfeiture to the United States.”
United States v. TRW Rifle 7.62x51mm Caliber, 447 F.3d 686 (9th Cir. 2006). “§ 983(i)(2)(B); see also 18 U.S.C. § 3051 (c)(1) (subject to certain exceptions, "the provisions of the Customs laws relating to (A) the seizure, summary and judicial forfeiture .”
Barnes v. United States, 104 F. Supp. 3d 1285 (N.D. Okla. 2015). “18 U.S.C. § 3051 (emphasis added) (quoted in Doc.”
United States v. One TRW, Model M14 (6th Cir. 2006). · cites it 2× “2279 (codified at 18 U.S.C. § 3051 ). The Customs laws governing forfeitures are found at 19 U.”
People v. Clarke, 2009 U.S. Dist. LEXIS 54046 (D.V.I. 2009). · cites it 2× “He points to 18 U.S.C. § 3051 , 5 which authorizes ATF agents to carry firearms and to make warrantless arrests for federal crimes.”
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