State Codes and Statutes
Statutes > Missouri > T38 > C578 > 578_437Weapon not to be declared a nuisance unless notice given to lawfulowner, procedure--burden of proof on state that return of weaponwould endanger lives.
578.437. No weapon shall be declared a nuisance pursuant tosection 578.435 and this section unless reasonable notice hasbeen given to the lawful owner thereof, if his identity andaddress can be reasonably ascertained. The law enforcementagency shall inform the lawful owner at that person's last knownaddress by registered mail that the owner of the weapon hasthirty days from the date of receipt of the notice to respond tothe clerk of the court to confirm his desire for a hearing, andthat the failure to respond shall result in a default order andthereupon such weapon shall be declared a nuisance. If theperson requests a hearing the court shall set a hearing no laterthan sixty days from the receipt of such request, and shallnotify the person, the law enforcement agency involved, and theprosecuting attorney of the date, time, and place of the hearing.At such hearing the burden of proof shall be upon the state toshow by a preponderance of the evidence that the seized item hasbeen or will be used in criminal street gang activity, or thatthe return of the weapon would likely result in the endangeringof the lives of others.
(L. 1993 H.B. 562 § 5 subsec. 3)
