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2841
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MARVIN MANDEL, Governor
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HANDGUN, IT SHALL PROMPTLY NOTIFY THE OWNER THAT HE 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 SECTION 36B, AND WHETHER THE OWNER
IS QUALIFIED TO POSSESS IT. QUALIFICATION FOR POSSESSION
IS THE SAME AS FOR SALE OR TRANSFER UNDER SECTION 442 OF
THIS ARTICLE. KNOWINGLY GIVING FALSE INFORMATION OR
MAKING A MATERIAL MISSTATEMENT IN THE APPLICATION FOR
REVIEW OR AN INVESTIGATION PURSUANT THERETO IS SUBJECT TO
THE PENALTIES SET FORTH IN SECTION 448 OF THIS ARTICLE.
(2) UPON TIMELY RECEIPT OF AN APPLICATION,
THE SEIZING AUTHORITY SHALL HOLD AN INFORMAL REVIEW NOT
SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT ON THE MATTER
OF WHETHER THE OWNER EITHER KNEW OR SHOULD HAVE KNOWN OF
THE USE OR INTENDED USE OF THE HANDGUN IN VIOLATION OF
SECTION 36B. IF, AFTER THAT REVIEW, THE DETERMINATION OF
THE SEIZING AUTHORITY IS FAVORABLE TO THE OWNER, THE
HANDGUN SHALL BE RELEASED TO THE OWNER IF HE IS QUALIFIED
TO POSSESS IT, UNLESS THE HANDGUN IS NEEDED AS EVIDENCE
IN A CRIMINAL CASE OR INVESTIGATION, IN WHICH EVENT THE
HANDGUN SHALL BE PROMPTLY RETURNED UPON THE FINAL
CONCLUSION OF THE CASE OR INVESTIGATION.
(3) IF THE SEIZING AUTHORITY DETERMINES
AFTER REVIEW THAT THE HANDGUN SHOULD BE FORFEITED TO THE
STATE, THE OWNER SHALL BE SO NOTIFIED AT HIS LAST KNOWN
ADDRESS AND WITHIN 30 DAYS THEREAFTER HE MAY PETITION THE
APPROPRIATE DISTRICT COURT FOR RELEASE OF THE HANDGUN TO
HIM. THE STATE'S ATTORNEY SHALL REPRESENT THE STATE IN
THE ACTION. THE COURT SHALL HEAR THE MATTER AND GRANT
WHATEVER RELIEF IS PROPER AND IN ACCORDANCE WITH THIS
SUBSECTION.
(4) 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 THE
CRITERIA FOR RELEASE SET FORTH IN THIS SUBSECTION.
PERSONS WHO HAVE MADE 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 HIS CLAIM AT THE PROCEEDING. A CLAIMANT
WHO HAS COMPLETED THE REVIEW PROCEDURE PROVIDED FOR BY
THIS SUBSECTION DOES NOT HAVE THE RIGHT TO A SECOND
REVIEW UNDER THIS PARAGRAPH.
(5) IF NO TIMELY APPLICATION FOR A REVIEW
UNDER (2) OR A PETITION TO THE COURT UNDER (3) IS
EFFECTED, OR ORDER FOR RELEASE UNDER (4) IS ISSUED, THE
HANDGUN SHALL BE FORFEITED TO THE STATE WITHOUT FURTHER
PROCEEDINGS AND DESTROYED BY THE SEIZING AUTHORITY OR
DISPOSED OF IN ACCORDANCE WITH (D).
(6) IF A REPUTED OWNER OF A SEIZED HANDGUN
IS NOT ASCERTAINED AND LOCATED PURSUANT TO INQUIRY OR
INVESTIGATION CONDUCTED UNDER (1), THE HANDGUN IS
FORFEITED TO THE STATE WITHOUT FURTHER PROCEEDINGS.
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