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§ 13-205. Forfeiture or release of seized handguns in criminal cases

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, § 13-205
§ 13-205. Forfeiture or release of seized handguns in criminal cases
Currentness
Persons making written claim of ownership entitled to notification of proceedings
(a)(1) 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.
(2) 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.
(3) A claimant who has completed the review procedure provided for by this subtitle is not entitled to a second review under this subsection.
Failure to timely apply for review or complaint to court
(b) If a timely application for a review or a complaint to the court under § 13-204 of this subtitle does not occur, and an order for release under subsection (a) of this section is not issued, the handgun shall be:
(1) forfeited to the State without further proceedings; and
(2) destroyed by the seizing authority or disposed of in accordance with § 13-206 of this subtitle.
Owner of seized handgun not identified or located
(c) If an owner of a seized handgun is not identified and located, the handgun is forfeited to the State without further proceedings.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
Formerly Art. 27, § 36C.
MD Code, Criminal Procedure, § 13-205, MD CRIM PROC § 13-205
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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