United States v. Thirteen (13) MacHine Guns and One (1) Silencer, and J. Curtis Earl, Real Party in Interest

On March 19, 1979, the government filed this in rem action, seeking the forfeiture of thirteen machine guns and one silencer it had seized in June 1977. The firearms allegedly had been involved in multiple violations of federal gun control and revenue laws. 26 U.S.C. § 5861 (a), (b), (e), 18 U.S.C. §§ 922 (a)(1), (3), (6), & 924(a). Appellant Earl, the owner of the firearms, filed a claim for them. On cross-motions for summary judgment the district court found no genuine issue of material fact and held that the firearms had been involved in the statutory violations, that any delay by the government in instituting civil forfeiture against the firearms was “not constitutionally impermissible,” and that the government was entitled to forfeiture proceedings pursuant to 26 U.S.C. § 5872 (a) and 18 U.S.C. § 924 (a). Earl appeals asserting, inter alia, that the government’s 21-month delay in instituting the in rem forfeiture action violated his due process right to a prompt post-seizure hearing. We hold that this delay was unjustified and unreasonable; accordingly, we reverse.

Earl is a licensed Class III firearms dealer, authorized to buy and sell automatic weapons subject to the…