Title 13. Other Forfeitures — Subtitle 2. Violations of Gun Laws

worn, carried, or transported in violation of § 4-203 or § 4-204 of the Criminal Law Article; or

found in the immediate vicinity of a handgun worn, carried, or transported in violation of § 4-203 or § 4-204 of the Criminal Law Article.

By an appropriate inquiry and investigation, the seizing authority shall attempt to identify and locate the owner of a handgun that is seized.

If the owner is a resident of the State, the seizing authority may return the handgun to the owner.

If the owner of the handgun is not a resident of the State, the seizing authority shall send the handgun for disposition to the appropriate law enforcement unit where the owner is a resident if the handgun:

If the seizing authority under subsection (a) of this section does not return the handgun to its owner, the seizing authority shall promptly notify the owner that the owner may apply within 30 days to the seizing authority for a review to determine whether the owner knew or should have known that the handgun was worn, carried, transported, or used in violation of § 4-203 or § 4-204 of the Criminal Law Article, and whether the owner is qualified to possess the handgun.

Qualification for possession of a handgun is the same as for sale or transfer of a handgun under §§ 5-103, 5-104, 5-118, 5-119, 5-120, 5-121, 5-122, 5-123, 5-124, 5-125, 5-126, and 5-127 of the Public Safety Article.

On timely receipt of an application, the seizing authority shall hold an informal review to determine whether the owner knew or should have known of the use or intended use of a handgun that is seized in violation of § 4-203 or § 4-204 of the Criminal Law Article.

The review is not subject to the Administrative Procedure Act.

Subject to paragraph (2) of this subsection, the handgun that is seized shall be released to the owner if the seizing authority decides in favor of the owner and the owner is qualified to possess the handgun.

If the handgun is needed as evidence in a criminal case or investigation, the handgun shall be promptly returned when the case or investigation ends.

After review, if the seizing authority determines that the handgun should be forfeited to the State, the owner shall be notified at the owner’s last known address.

Within 30 days after notification, the owner may ask the appropriate District Court for release of the handgun.

The State’s Attorney shall represent the State in the action.

The District Court shall hear the matter and grant proper relief in accordance with this subtitle.

In a proceeding in a criminal cause involving a seized handgun, a court may order forfeiture or release of the seized handgun in accordance with this subsection.

A person who has made a written claim of ownership of a handgun to the seizing authority or the State’s Attorney shall be notified of the proceeding and of the claimant’s right to present the claim at the proceeding.

A claimant who has completed the review procedure provided for by this subtitle is not entitled to a second review under this subsection.

forfeited to the State without further proceedings; and

destroyed by the seizing authority or disposed of in accordance with § 13-206 of this subtitle.

order the property retained for the official use of the law enforcement unit;

destroy the forfeited property; or

sell, exchange, or transfer the forfeited property to another law enforcement unit for official use by that unit.

a description of the property forfeited;

the type of disposition made; and

the identity of the person to whom the property was transferred for disposal, retention, or official use.