§ 2306 — Rights of innocent owner

Nothing contained in subsection 2305(b) of this title shall prejudice the rights of the bona fide owner of any unlawful firearm, the disposition of which is governed by that subsection, upon affirmative proof by him or her that he or she had no express or implied knowledge that such unlawful firearm was being or intended to be used illegally or for illegal purposes. If the bona fide owner provides reasonable and satisfactory proof of his or her ownership and of his or her lack of express or implied knowledge to the Commissioner of Public Safety, the unlawful firearm shall be returned to him or her. If the Commissioner of Public Safety determines that the proof offered is not satisfactory or reasonable, the person may, within 14 days, request a hearing before the Commissioner of Buildings and General Services and the Commissioner of Public Safety, jointly. The Commissioner of Buildings and General Services and the Commissioner of Public Safety shall promptly hold a hearing on any claim filed under this section, in accordance with the provisions for contested cases in 3 V.S.A. chapter 25. (Added 1983, No. 132 (Adj. Sess.), § 1; amended 2017, No. 94 (Adj. Sess.), § 4, eff. April 11, 2018.)