A.__That firearm constitutes the basis for conviction under:

(1)__Title 15, section 393;

(2)__Section 1105-A, subsection 1, paragraph C-1;

(3)__Section 1105-B, subsection 1, paragraph C;

(4)__Section 1105-C, subsection 1, paragraph C-1; or

(5)__Section 1105-D, subsection 1, paragraph B-1; or

B.__The State pleads and proves that the firearm is used by the defendant or an accomplice during the commission of any murder or Class A, Class B or Class C crime or any Class D crime defined in chapter 9, 11 or 13.

2.__A court may not order the forfeiture of a firearm otherwise qualifying for forfeiture under subsection 1 if another person can satisfy the court prior to the imposition of the defendant's sentence and by a preponderance of the evidence that:

A.__Other than in the context of either subsection 1, paragraph A, subparagraph (1) or subsection 1, paragraph B relative to murder or any other unlawful homicide crime in which the firearm used is a handgun, the other person, at the time of the commission of the crime, had a right to possess the firearm to the exclusion of the defendant;

B.__In the context of subsection 1, paragraph A, subparagraph (1), the other person, at the time of the commission of the crime, had a right to possess the firearm to the exclusion of the defendant and the other person either did not know or should not have known that the defendant was a prohibited person under Title 15, section 393 or, even if the other person did know or should have known, nonetheless did not intentionally, knowingly or recklessly allow the defendant to possess or have under the defendant's control the firearm; or

C.__In the context of paragraph B relating to murder or any other unlawful homicide crime in which the firearm used is a handgun, the other person, at the time of the commission of the crime, was the rightful owner from whom the handgun had