Ch. 743

LAWS OF MARYLAND

the same to a location designated either by the Maryland State
Police or by the law-enforcement agency having jurisdiction in
the locality.

(c) (1) Upon the seizure of a handgun pursuant to this
section, the seizing authority shall attempt to ascertain and
locate its owner by whatever inquiry and investigation is
considered appropriate. If, as a result of an inquiry or
investigation, the name and address of the reputed owner of the
handgun is ascertained and the owner is a nonresident of
Maryland, the seizing authority shall notify the appropriate
law-enforcement agency of the jurisdiction of which the owner is
a resident and forward the handgun to that agency for disposition
if the handgun is not needed for investigation or evidence or
disposed of under (4). If the owner is a resident of the State
the seizing authority may return the handgun to the owner. If the
seizing authority does not return the 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 § 36B, and whether the owner is qualified
to possess it. Qualification for possession is the same as for
sale or transfer under § 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 § 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 § 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

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