Federal law—under the statute located at 18 U.S.C. §924(d)—authorizes the seizure and forfeiture of firearms, ammunition, and explosives involved in certain criminal offenses—but strict time limitations and other safeguards are imposed to protect the owner or possessor of the seized or forfeited firearms, ammunition, or explosives.
On acquittal of the owner or possessor of the seized or forfeited firearms, ammunition, or explosives—or dismissal of the charges against the defendant—other than upon motion of the government prior to trial or lapse of or court termination of the restraining order to which the defendant is subject—the seized or relinquished firearms or ammunition must be promptly returned to the owner or possessor or to a person delegated by the owner or possessor—unless the return of the firearms or ammunition would place the owner or possessor or the delegate in violation of law.
Any action or proceeding for the forfeiture of firearms or ammunition must begin within one hundred and twenty days of the seizure.
Under federal law, specifically 18 U.S.C. §924(d), there is a provision for the seizure and forfeiture of firearms, ammunition, and explosives that are involved in certain criminal offenses. However, this law also includes safeguards to protect the rights of the owners or possessors of these items. If the owner or possessor is acquitted or the charges are dismissed (except when the dismissal is at the government's request before trial or due to the expiration or termination of a restraining order), the seized firearms or ammunition must be promptly returned. This return is contingent on the fact that the owner, possessor, or their delegate is not in violation of any laws by receiving the firearms or ammunition back. Additionally, any forfeiture proceedings must be initiated within 120 days of the seizure of the items. In Texas, these federal regulations would be applicable, and state law would also need to be considered in the context of seizure, forfeiture, and return of firearms or ammunition.
