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§ 13-203. Procedures after seizure of handguns

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 13. Other Forfeitures (Refs & Annos)
Subtitle 2. Violations of Gun Laws (Refs & Annos)
MD Code, Criminal Procedure, § 13-203
§ 13-203. Procedures after seizure of handguns
Attempts to identify and locate handgun owner
(a)(1) By an appropriate inquiry and investigation, the seizing authority shall attempt to identify and locate the owner of a handgun that is seized.
(2) If the owner is a resident of the State, the seizing authority may return the handgun to the owner.
(3) 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:
(i) is not needed for investigation or evidence; or
(ii) is not disposed of under subsection (b) of this section.
Review of whether owner knew or should have known of criminal law violations
(b)(1) 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.
(2) 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.
False information or material misstatements subject to penalties
(c) A person who knowingly gives false information or makes a material misstatement in an application for review or an investigation relating to an application is subject to the penalties under § 5-139 of the Public Safety Article.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003.
Formerly Art. 27, § 36C.
MD Code, Criminal Procedure, § 13-203, MD CRIM PROC § 13-203
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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