18 U.S.C. § 3051: Powers of Special Agents of…

Summary

Special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and other officers the Attorney General assigns to enforce federal criminal, seizure, or forfeiture laws, may carry guns, serve warrants and subpoenas, and make arrests without a warrant when an offense happens in their presence. They can also arrest without a warrant for a federal felony if they have reasonable grounds to believe the person committed or is committing that felony. ATF special agents may seize property that can be forfeited to the United States while doing their jobs. Rules from the Customs laws about seizure, forfeiture, what happens to the property, remission or mitigation, and settling claims apply to ATF seizures and forfeitures, except where they conflict with section 983 of title 18, United States Code or the other exceptions. The Attorney General can name who will carry out the duties normally done by customs officers for those cases. For forfeited firearms, the handling is governed by section 5872(b) of the Internal Revenue Code of 1986.

Title 18, §3051

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References 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 Subsidiaries

Effective 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.

§3051 Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives