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MfNNESOTA STATUTES 2015 609.5315 <br />609.5315 DISPOSITIO'.'! OF FORFEITED PROPERTY. <br />Subdivision 1. Disposition. (a) Subject to paragraph (b), if the cou1i finds under section 609.5313, <br />609.5314, or 609.5318 that the property is subject to forfeiture, it shall order the appropriate agency to do <br />one of the following: <br />(I) unless a different disposition is provided under clause (3) or ( 4 ), either destroy firearms, ammunition, <br />and firearm accessories that the agency decides not to use for law enforcement purposes under clause (8), or <br />sell them to federally licensed firearms dealers, as defined in section 624. 7161, subdivision I, and distribute <br />the proceeds under subdivision 5 or Sb; <br />(2) sell property that is not required to be destroyed by law and is not ham1ful to the public and distribute <br />the proceeds under subdivision 5 or 56; <br />(3)sell antique firearms, as defined in section 624. 712, subdivision 3, to the public and distribute the <br />proceeds under subdivision 5 or Sb; <br />( 4)destroy or use for law enforcement purposes semiautomatic military-style assault weapons, as <br />defined in section 624.712, subdivision 7; <br />(5)take custody of the property and remove it for disposition in accordance with law; <br />(6)forward the property to the federal drug enforcement administration; <br />(7)disburse money as provided under subdivision 5, Sb, or Sc; or <br />(8)keep property other than money for official use by the agency and the prosecuting agency. <br />(b)Notwithstanding paragraph (a), the Hennepin or Ramsey County sheriff may not sell firearms, am­ <br />munition, or fiream1s accessories if the policy is disapproved by the applicable county board. <br />( c)If property is sold under paragraph (a), the appropriate agency shall not sell property to: ( 1) an officer <br />or employee of the agency that seized the property or to a person related to the officer or employee by blood <br />or marriage; or (2) the prosecuting authority or any individual working in the same office or a person related <br />to the authority or individual by blood or ma1Tiage. <br />(d)Sales of forfeited property under this section must be conducted in a commercially reasonable <br />manner. <br />Subd. 2. Disposition of administratively forfeited property. If property is forfeited administratively <br />under section 609.5314 or 609.5318 and no demand for judicial determination is made, the appropriate <br />agency shall provide the prosecuting authority with a copy of the forfeiture or evidence receipt, the notice <br />of seizure and intent to forfeit, a statement of probable cause for forfeiture of the property, and a description <br />of the property and its estimated value. Upon review and certification by the prosecuting authority that (I) <br />the appropriate agency provided a receipt in accordance with section 609.531, subdivision 4, or 626.16; <br />(2)the appropriate agency served notice in accordance with section 609.5314, subdivision 2, or 609.5318, <br />subdivision 2; and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate <br />agency may dispose of the property in any of the ways listed in subdivision I. <br />Subd. 3. Use by law enforcement. (a) Property kept under this section may be used only in the per­ <br />formance of official duties of the appropriate agency or prosecuting agency and may not be used for any other <br />purpose. If an appropriate agency keeps a forfeited motor vehicle for official use, it shall make reasonable <br />Copyright� 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />Item 8: Attachment C