47 U.S.C. § 510 — Forfeiture of communications devices

submitted 92 years ago by Pub. L. 97-259 to r/title-47-TELECOMMUNICATIONS · 301 words · no verdicts yet

in plain englishAI-generated · not legal advice

Electronic devices made, sold, or used to intentionally violate certain radio communication laws can be seized and permanently taken by the government. The same legal process used for customs seizures applies, and once forfeited, the government can send the devices to the FCC or sell them.

(a) Violation with willful and knowing intent. Any electronic or radio device (or part of one) that is made, sold, carried, used, or advertised specifically and knowingly to break communications rules under sections 301 or 302a, or FCC rules under those sections, can be seized and permanently taken ("forfeited") by the United States. (b) Seizure. The Attorney General can seize this property using a court order from a federal district court that has authority over the property, following special maritime-claims court procedures. No court order is needed if the seizure happens along with a lawful arrest or search. (c) Laws applicable to seizure and forfeiture. The same legal rules that apply to (1) seizing and forfeiting property under customs law, (2) disposing of that property or its sale proceeds, (3) reducing or canceling forfeitures, and (4) settling claims about forfeitures, all apply here too — as long as they fit and don't conflict with this section. But these seizures and forfeitures only cover the communications devices or their parts, nothing else. (d) Disposition of forfeited property. Once property is forfeited, the Attorney General may send it to the FCC or sell any of it that isn't a danger to the public. Money from any sale goes into the Treasury's general fund.

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

(a) Violation with willful and knowing intent

Any electronic, electromagnetic, radio frequency, or similar device, or component thereof, used, sent, carried, manufactured, assembled, possessed, offered for sale, sold, or advertised with willful and knowing intent to violate section 301 or 302a of this title, or rules prescribed by the Commission under such sections, may be seized and forfeited to the United States.

(b) Seizure

Any property subject to forfeiture to the United States under this section may be seized by the Attorney General of the United States upon process issued pursuant to the supplemental rules for certain admiralty and maritime claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made if the seizure is incident to a lawful arrest or search.

All provisions of law relating to—

(1)

the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws;

(2)

the disposition of such property or the proceeds from the sale thereof;

(3)

the remission or mitigation of such forfeitures; and

(4)

the compromise of claims with respect to such forfeitures;

shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section, except that such seizures and forfeitures shall be limited to the communications device, devices, or components thereof.

(d) Disposition of forfeited property

Whenever property is forfeited under this section, the Attorney General of the United States may forward it to the Commission or sell any forfeited property which is not harmful to the public. The proceeds from any such sale shall be deposited in the general fund of the Treasury of the United States.

Source credit: (June 19, 1934, ch. 652, title V, § 510, as added Pub. L. 97–259, title I, § 125, Sept. 13, 1982, 96 Stat. 1098.)

history & why it existsrecord from the source credit

1934Enacted · Pub. L. 97-259 · 96 Stat. 1098

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-259 on 1934-06-19.

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