16 U.S.C. § 404c–4 — Forfeiture of property used in commission of offenses

submitted 84 years ago by ch. 341 to r/title-16-CONSERVATION · 187 words · no verdicts yet

in plain englishAI-generated · not legal advice

Guns, traps, nets, and other equipment used to illegally hunt, trap, or catch wild birds, fish, or animals in the park can be seized and forfeited to the United States. This forfeiture is an extra penalty on top of any other punishment. Whether teams, horses, or other transportation get forfeited is left to the court's judgment.

Any guns, traps, nets, seines, fishing tackle, teams, horses, or other means of transportation that someone uses in the park to kill, trap, ensnare, take, or capture wild birds, fish, or animals against this Act or the Secretary's rules is forfeited to the United States. Park officers may seize this property and hold it while the person is being prosecuted. If that person is convicted, the forfeiture is imposed as an extra penalty on top of whatever other punishment applies. The Secretary of the Interior handles the disposal and accounting of forfeited property. Forfeiting a team, horses, or other means of transportation, though, is left to the court's discretion — the court decides whether that particular forfeiture happens.

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 the 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 the 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: Provided, That the forfeiture of teams, horses, or other means of transportation shall be in the discretion of the court.

Source credit: (June 5, 1942, ch. 341, § 4, 56 Stat. 318.)

history & why it existsrecord from the source credit

1942Enacted · Act of June 5, 1942, ch. 341 · 56 Stat. 318

A history note hasn’t been published yet. The record shows enactment by ch. 341 on 1942-06-05.

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