# COMAR Title 29 — Department of State Police

## Subtitle 05 — Crime Laboratory

### Chapter 02 — Ballistic Fingerprinting

**Authority:** Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.08 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective May 28, 2001 (28:10 Md. R. 951)

**Administrative History:** Regulation .01B amended effective November 30, 2009 (36:24 Md. R. 1860)

**Administrative History:** Regulation .02A, C amended effective November 30, 2009 (36:24 Md. R. 1860)

**Administrative History:** Regulation .03C amended effective November 30, 2009 (36:24 Md. R. 1860)

**Administrative History:** Regulation .05A amended effective November 30, 2009 (36:24 Md. R. 1860)

**Administrative History:** Regulation .06B amended effective November 30, 2009 (36:24 Md. R. 1860)

**Administrative History:** Regulation .07 amended effective November 30, 2009 (36:24 Md. R. 1860)

**Administrative History:** Regulation .08 amended effective November 30, 2009 (36:24 Md. R. 1860)

#### Regulation .01 Definitions.

*COMAR 29.05.02.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Crime Laboratory” means the Department of State Police Forensic Sciences Division.

  (2) “Director” means the Director of the Department of State Police Forensic Sciences Division or the Director's designee.

  (3) “Handgun” has the meaning stated in Public Safety Article, §5-101(n), Annotated Code of Maryland.

  (4) “Manufacturer” has the meaning stated in Public Safety Article, §5-131(a)(2), Annotated Code of Maryland.

  (5) “NIBIN” means National Integrated Ballistics Information Network.

  (6) “Profile” means to electronically store remarkable characteristics of a shell casing, such as caliber, manufacturer of handgun from which it was test fired, and rifling characteristics.

  (7) “Projectile” has the meaning stated in Public Safety Article, §5-131(a)(3), Annotated Code of Maryland.

  (8) “Rifling characteristics” means the number of lands and grooves in the barrel of a handgun, including right or left twist.

  (9) “Sealed container” means a paper coin envelope, Kraft #5, measuring 2-7/8 x 5-1/4 inches or equivalent and held closed by tape across the opening.

  (10) “Secretary” has the meaning stated in Public Safety Article, §5-101(s), Annotated Code of Maryland.

  (11) “Shell casing” has the meaning stated in Public Safety Article, §5-131(a)(4), Annotated Code of Maryland.

  (12) “Statewide Shell Casing Data Base” means a specific data base for the purpose of electronically capturing and storing profile information generated from shell casings described in Public Safety Article §§5-105 and 5-131, Annotated Code of Maryland.

  (13) “Statewide Shell Casing Repository” means a secure storage area within the Department of State Police Forensic Sciences Division for the retention of shell casings as required by Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland.

#### Regulation .02 Introduction.

*COMAR 29.05.02.02*

A. The Secretary, after consulting with the Director, shall establish policies and procedures for the:

  (1) Collection, submission, identification, acquisition of profile, storage, and disposal of shell casings provided by dealers from all new handguns sold in the State; and

  (2) Access to the Statewide Shell Casing Data Base or dissemination of search results.

B. The Director, upon consulting with the Secretary, shall establish policies and procedures for a centrally located Statewide Shell Casing Data Base System and Statewide Shell Casing Repository.

C. The Crime Laboratory shall:

  (1) Receive shell casings for acquisition of profile, classification, and storage;

  (2) File each shell casing profile submitted to the laboratory; and

  (3) Make information relating to shell casing samples and shell casing records available to other law enforcement agencies as authorized in this chapter.

#### Regulation .03 System Maintenance.

*COMAR 29.05.02.03*

The Director shall:

A. Administer and manage the Statewide Shell Casing Data Base System;

B. Consult with the Secretary to establish system protocols and operations;

C. Ensure compatibility with the Bureau of Alcohol, Tobacco, Firearms and Explosives' (BATFE) NIBIN system, where feasible, when the system becomes available; and

D. Ensure the security of the shell casings and records in the Statewide Data Base.

#### Regulation .04 Storing Shell Casings.

*COMAR 29.05.02.04*

A. Each shell casing shall be given a unique laboratory tracking number.

B. Shell casings shall be stored in a secure manner after processing according to Crime Laboratory standard operating procedures.

C. Shell casings shall only be accessible to designated personnel.

#### Regulation .05 Data Entry.

*COMAR 29.05.02.05*

A. Upon receipt of the shell casings and required information, the Crime Laboratory shall enter the profiling information of each shell casing, into all pertinent data bases for the purpose of creating a searchable record.

B. The pertinent data base shall be searchable for comparison purposes to shell casings from crime scenes for the purpose of identifying the source of these casings.

#### Regulation .06 Storing Records.

*COMAR 29.05.02.06*

A. The records shall be stored in a secured computer system and secured laboratory files according to Crime Laboratory standard operating procedures.

B. Records and specimen information shall be identified by:

  (1) A unique laboratory tracking number;

  (2) Name of the dealer;

  (3) Manufacturer;

  (4) Model name or number, or both;

  (5) Serial number;

  (6) Date of test firing;

  (7) Name of the technician attesting to the authenticity of the shell casing;

  (8) Caliber;

  (9) Rifling characteristics; and

  (10) Application numbers.

#### Regulation .07 Access to Shell Casing Profile Information.

*COMAR 29.05.02.07*

A. A request to obtain information from the Statewide Shell Casing Data Base System shall be submitted to the Director or designee, in writing, by the requesting law enforcement agency on that agency's letterhead or form MSP 67.

B. The letter from the requesting agency shall contain:

  (1) The reason for conducting the search;

  (2) The type of criminal offense;

  (3) The intentions of prosecution;

  (4) The authority to request the search;

  (5) The details concerning the source of specimens within the Crime Scene Shell Casing files; and

  (6) A laboratory point of contact or telephone number of the investigator, or both.

C. A telephone request for obtaining information from the Statewide Shell Casing Data Base and Repository may initiate a search, but information may not be released without a written request.

D. This regulation does not preclude the establishment of electronic network connections between the Crime Laboratory's Statewide Shell Casing Data Base and local or federal law enforcement agency crime laboratories when that technology becomes available for this purpose.

#### Regulation .08 Expunging Shell Casing Profile Information.

*COMAR 29.05.02.08*

A. An individual handgun owner whose shell casing record has been included in the Statewide Shell Casing Data Base and Repository may request by court order that this information be expunged on the grounds that the inclusion was in error.

B. Upon receipt of a court order of expungement, the Director shall purge a shell casing profile, shell casing, or other identifiable information covered by the order from the Statewide Shell Casing Data Base System and Statewide Shell Casing Repository.

C. When proof of the destruction of the weapon is received by the Crime Laboratory, profiles and shell casings may be expunged at the discretion of the Director.

D. Records and samples not previously expunged will be expunged 100 years from the year submitted.