(a) Forfeiture – Identified Owner. When weapons, gear or wildlife is seized and the owner is identified, the Tribal Prosecutor shall review the case and either:

(b) Forfeiture – Unidentified Owner. When weapons, gear or wildlife is seized and the owner is unknown to the enforcement officer, the enforcement officer shall post notice of the seizure in the immediate vicinity of where the weapons, gear or wildlife was seized. The posting of such notice shall constitute notice of forfeiture. Notice of forfeiture may also be perfected by publishing notice of the seizure in the Tribe’s periodic newsletter. The Tribal Prosecutor shall review the case and file a complaint in rem for forfeiture or violation of this chapter. The Tribal Prosecutor may authorize law enforcement officers to release, without a court order, any weapons, gear, or wildlife seized.

(c) Third Party Interests in Forfeited Property. Any person asserting a legal interest in weapons, gear, or wildlife that is the subject of a complaint or civil action under subsection (a) or (b) of this section may, within 30 days of the initial filing in the court action, petition the Tribal Court for a hearing to adjudicate the validity of that person’s alleged interest in the property. The petitioner shall have the burden of proving by a preponderance of the evidence that the petitioner has a legal right, title, or interest in the items seized, is a bona fide purchaser for value of the right, title, or interest in the items, and is an innocent owner. Any person determined to be the owner of such weapons, gear or wildlife may be held liable for the violation for which the items were seized, unless the items were reported as stolen prior to being seized.

(d) Clear Title After Forfeiture. Following the Tribal Court’s disposition of the underlying legal action, law enforcement shall have clear title to weapons, gear or wildlife that is forfeited. [Ord. 77 § 2209, amended, 6/23/2022; Ord. 75 § 2209, adopted, 2/24/2022.]