(a) A claimant seeking remission of the claimant's interest in a weapon ordered forfeited under AS 12.55.015(a)(9) shall prove to the court by a preponderance of evidence that the claimant
(1) has a valid interest in the weapon, acquired in good faith;
(2) did not knowingly participate in the commission of the crime in which the weapon was used; and
(3) did not know or have reasonable cause to believe that the weapon was used or would be used to commit a crime.
(b) Upon a showing that a claimant is entitled to relief under (a) of this section, the court may order that the weapon be released to the claimant.
(c) A claim may not be filed under this section more than 120 days after the entry of the last final judgment in the case in which the weapon was ordered forfeited.
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence
Article 1. Property Disposition.
Sec. 12.36.010. Property disposition.
Sec. 12.36.020. Return of property.
Sec. 12.36.030. Disposal of unclaimed property used as evidence.
Sec. 12.36.040. Disposal of property when owner unknown; exceptions.
Sec. 12.36.045. When finder of property is considered the owner.
Sec. 12.36.050. Remission of forfeited property.
Sec. 12.36.060. Disposal of forfeited deadly weapons.