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Ch. 26
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2002 LAWS OF MARYLAND
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(III) EQUIPPED WITH A FIREARM SILENCER.
(E) FORFEITURE OF FIREARM.
(1) A FIREARM OR AMMUNITION SEIZED UNDER THIS SECTION IS
CONTRABAND AND SHALL BE FORFEITED SUMMARILY TO A FORFEITING AUTHORITY.
(2) UNLESS OTHERWISE PROHIBITED BY LAW OR IF FORFEITURE
PROCEEDINGS HAVE BEGUN, THE FORFEITING AUTHORITY SHALL RETURN THE
SEIZED PROPERTY TO THE OWNER OR POSSESSOR WITHIN 90 DAYS AFTER THE DATE
OF SEIZURE IF:
(I) THE OWNER OR POSSESSOR OF THE PROPERTY SEIZED IS
ACQUITTED; OR
(II) THE CHARGES AGAINST THE PERSON ARE DISMISSED.
(3) UNLESS OTHERWISE PROHIBITED BY LAW, THE FORFEITING
AUTHORITY SHALL RETURN THE SEIZED PROPERTY TO THE OWNER OR POSSESSOR
PROMPTLY IF THE STATE:
(I) ENTERS A NOLLE PROSEQUI AGAINST THE OWNER OR
POSSESSOR OF PROPERTY SEIZED; AND
(II) DOES NOT CHARGE THE PERSON WITHIN 90 DAYS AFTER THE
NOLLE PROSEQUI IS ENTERED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 281A and 297(a)(5)(i).
In subsection (a)(3) of this section, the former reference to a designation
"from time to time" is deleted as unnecessary.
In subsection (c)(1)(ii) of this section, the reference to "each" subsequent
violation is substituted for the former reference to "a second or" subsequent
violation for consistency within this article.
In subsection (e)(1) of this section, the reference to "a forfeiting authority"
is added for clarity.
As to a felony involving the possession, distribution, manufacture, or
importation of a controlled dangerous substance, see §§ 5-602 through
5-606 (possession, distribution, manufacture) and § 5-614 (importation) of
this subtitle.
In subsection (e)(2) of this section, the phrase "after the date of seizure" is
added to clarify when the "90 days" begins.
Defined terms: "Controlled dangerous substance" § 5-101
"County" § 1-101
"Distribute" § 5-101
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- 452 -
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