# 28 CFR § 8.7: Release before claim

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-28-8.7

## Section

- **Citation:** 28 CFR § 8.7
- **Heading:** Release before claim
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 28—Judicial Administration > CHAPTER I—DEPARTMENT OF JUSTICE > PART 8—FORFEITURE AUTHORITY FOR CERTAIN STATUTES > Subpart A—Seizure and Forfeiture of Property

## Text

(a) After seizure for forfeiture and prior to the filing of any claim, ATF's Chief, Asset Forfeiture and Seized Property Branch, or designee, the appropriate DEA Special Agent in Charge, or designee, or the appropriate FBI Special Agent in Charge, or designee, whichever is applicable, is authorized to release property seized for forfeiture, provided:
(1) The property is not contraband, evidence of a violation of law, or any property, the possession of which by the claimant, petitioner, or the person from whom it was seized is prohibited by state or federal law, and does not have a design or other characteristic that particularly suits it for use in illegal activities; and
(2) The official designated in paragraph (a) of this section determines within 10 days of seizure that there is an innocent party with the right to immediate possession of the property or that the release would be in the best interest of justice or the Government.
(b) Further, at any time after seizure and before any claim is referred, such seized property may be released if the appropriate official of the seizing agency determines that there is an innocent party with the right to immediate possession of the property or that the release would be in the best interest of justice or the Government.

## Nearby sections

- [28 CFR § 8.1 § 8.1 Scope of regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.1.md)
- [28 CFR § 8.2 § 8.2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.2.md)
- [28 CFR § 8.3 § 8.3 Seizing property subject to forfeiture.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.3.md)
- [28 CFR § 8.4 § 8.4 Inventory.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.4.md)
- [28 CFR § 8.5 § 8.5 Custody.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.5.md)
- [28 CFR § 8.6 § 8.6 Appraisal.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.6.md)
- [28 CFR § 8.7 § 8.7 Release before claim.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.7.md)
- [28 CFR § 8.8 § 8.8 Commencing the administrative forfeiture proceeding.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.8.md)
- [28 CFR § 8.9 § 8.9 Notice of administrative forfeiture.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.9.md)
- [28 CFR § 8.10 § 8.10 Claims.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.10.md)
- [28 CFR § 8.11 § 8.11 Interplay of administrative and criminal judicial forfeiture proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.11.md)
- [28 CFR § 8.12 § 8.12 Declaration of administrative forfeiture.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.12.md)
- [28 CFR § 8.13 § 8.13 Return of property pursuant to 18 U.S.C. 983(a)(3)(B).](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.13.md)
- [28 CFR § 8.14 § 8.14 Disposition of property before forfeiture.](https://www.frixlaw.com/law-library/statutes/ecfr-28-8.14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-28-8.7. Check the current official text before relying on it. Not legal advice.