16 U.S.C. § 403h–4 — Forfeiture of property used in commission of offenses

submitted 84 years ago by ch. 264 to r/title-16-CONSERVATION · 198 words · no verdicts yet

in plain englishAI-generated · not legal advice

If you illegally hunt or fish in the park, the government can seize the guns, traps, nets, fishing tackle, or vehicles you used. This forfeiture is an extra penalty on top of any fine or jail time — though a judge decides whether to forfeit vehicles and animals used for transportation.

If you use guns, traps, nets, seines, fishing tackle, teams, horses, or any other kind of transportation to kill, trap, snare, take, or capture wild birds, fish, or animals in the park — breaking this Act or the Secretary of the Interior's rules — the United States can take that property away. Park officers may seize it when they arrest you, and hold it while you are prosecuted. If you are convicted, the court must order the forfeiture as an extra penalty, on top of your other punishment. The Secretary of the Interior decides how the forfeited property is sold or disposed of, and the money goes to the U.S. Treasury. One exception: whether to forfeit teams, horses, or other vehicles used for transportation is left to the court's discretion.

the actual law source: uscode.house.gov ↗public domain

All guns, traps, nets, seines, fishing tackle, teams, horses, or means of transportation of every nature or description used by any person or persons within the limits of said park when engaged in killing, trapping, ensnaring, taking, or capturing such wild birds, fish, or animals contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, shall be forfeited to the United States and may be seized by the officers in said park and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, nets, seines, fishing tackle, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior and the proceeds paid into the Treasury of the United States: Provided, That the forfeiture of teams, horses, or other means of transportation shall be in the discretion of the court.

Source credit: (Apr. 29, 1942, ch. 264, § 4, 56 Stat. 260.)

history & why it existsrecord from the source credit

1942Enacted · Act of Apr. 29, 1942, ch. 264 · 56 Stat. 260

A history note hasn’t been published yet. The record shows enactment by ch. 264 on 1942-04-29.

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