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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Alaska Statutes Title 12. Code of Criminal Procedure § 12.36.050. Remission of forfeited property - last updated January 01, 2025 | https://codes.findlaw.com/ak/title-12-code-of-criminal-procedure/ak-st-sect-12-36-050/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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