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Ch. 2
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2000 LAWS OF MARYLAND
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(1997 Replacement Volume and 1999 Supplement)
BY adding to
Article 88B - Department of State Police
Section 81
Annotated Code of Maryland
(1998 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 27 - Crimes and Punishments
36C.
(a) The following items of property shall be subject to seizure and forfeiture,
and, upon forfeiture, no property right shall exist in them:
(1) Any handgun being worn, carried, or transported in violation of §
36B, OR SOLD, RENTED, TRANSFERRED, OR POSSESSED IN VIOLATION OF § 442, § 442A,
OR § 445 of this article; and
(2) All ammunition or other parts of or appurtenances to any such
handgun worn, carried, or transported by such person or found in the immediate
vicinity of such handgun.
(b) (1) Any property subject to seizure under subsection (a) hereof may be
seized by any duly authorized law enforcement officer, as an incident to an arrest or
search and seizure.
(2) Any such officer seizing such property under this section shall either
place the property under seal or remove the same to a location designated either by
the Department of 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 paragraph (4) of this subsection. 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
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