Weapon not to be declared a nuisance unless notice given to lawful owner, procedure
Before a weapon can be declared a nuisance, the owner must be given fair warning first. The owner gets a letter by registered mail and has 30 days to ask for a hearing. If the owner does not respond, the weapon is automatically declared a nuisance. If the owner asks for a hearing, it happens within 60 days. At the hearing, the government has to prove that the weapon was used in gang activity or that giving it back would put lives in danger.
578.437. Weapon not to be declared a unless notice given to lawful owner, procedure — on state that of weapon would endanger lives. — No weapon shall be declared a nuisance section 578.435 and this section unless reasonable notice has been given to the lawful owner thereof, if his or her identity and address can be reasonably . The shall inform the lawful owner at that person's last known address by that the owner of the weapon has thirty days from the date of receipt of the notice to respond to the to confirm his or her desire for a , and that the failure to respond shall result in a and thereupon such weapon shall be declared a nuisance. If the person requests a hearing the court shall set a hearing no later than sixty days from the receipt of such request, and shall notify the person, the law enforcement agency involved, and the of the date, time, and place of the hearing. At such hearing the burden of proof shall be upon the state to show by a that the seized item has been or will be used in , or that the return of the weapon would likely result in the endangering of the lives of others.
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Source & history notes
(L. 1993 H.B. 562 § 5 subsec. 3, A.L. 2014 S.B. 491) Effective 1-01-17
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