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PARRIS N. GLENDENING, Governor
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Ch. 2
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misstatement in the application for review or an investigation pursuant thereto is
subject to the penalties set forth in § 449 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 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 paragraph (2) of this
subsection or a petition to the court under paragraph (3) of this subsection is effected,
or order for release under paragraph (4) of this subsection 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 subsection (d) of this section.
(6) If a reputed owner of a seized handgun is not ascertained and located
pursuant to inquiry or investigation conducted under paragraph (1) of this subsection,
the handgun is forfeited to the State without further proceedings.
(d) (1) Whenever property is forfeited under this section, the law
enforcement agency seeking forfeiture of the property may ONLY:
(i) Order the property retained for the official use of the law
enforcement agency; [or]
(ii) [Make such other disposition of the property as the law
enforcement agency deems appropriate] DESTROY THE FORFEITED PROPERTY; OR
(III) SELL, EXCHANGE, OR TRANSFER THE FORFEITED PROPERTY TO
ANOTHER LAW ENFORCEMENT AGENCY FOR OFFICIAL USE BY THAT AGENCY.
(2) Within 30 days of the disposition of the forfeited property, the law
enforcement agency shall notify the Secretary of the State Police of:
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