US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Maryland Statutes » Criminal Procedure » Title 13 - Other Forfeitures » Subtitle 2 - Violations of Gun Laws

Section 13-201 – Property Subject to Seizure and Forfeiture

    The following property is subject to seizure and forfeiture:         (1)    a handgun worn, carried, or transported in violation of § 4-203 or § 4-204 of the Criminal Law Article or sold, rented, transferred, or possessed in violation of § 5-103, § 5-104, § 5-118, § 5-119, § 5-120, § 5-121, § 5-122, § 5-123, § 5-124, […]

Section 13-202 – Seizure of Property

    (a)    An authorized law enforcement officer may seize property listed under § 13-201 of this subtitle as an incident to an arrest or search and seizure.     (b)    An officer who seizes property under this section shall place the property under seal or remove the property to a location designated by the Department of State Police or by […]

Section 13-203 – Procedures After Seizure

    (a)    (1)    By an appropriate inquiry and investigation, the seizing authority shall attempt to identify and locate the owner of a handgun that is seized.         (2)    If the owner is a resident of the State, the seizing authority may return the handgun to the owner.         (3)    If the owner of the handgun is not a resident of the State, […]

Section 13-204 – Determining Owner’s Knowledge of Handgun Violation

    (a)    (1)    On timely receipt of an application, the seizing authority shall hold an informal review to determine whether the owner knew or should have known of the use or intended use of a handgun that is seized in violation of § 4-203 or § 4-204 of the Criminal Law Article.         (2)    The review is not subject to […]

Section 13-205 – Seized Handguns in Criminal Cases

    (a)    (1)    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 this subsection.         (2)    A person who has made a written claim of ownership of a handgun to the seizing authority or the State’s Attorney shall be notified of the proceeding and […]

Section 13-206 – Disposition of Forfeited Property

    (a)    Whenever property is forfeited under this subtitle, the law enforcement unit that sought forfeiture of the property may only:         (1)    order the property retained for the official use of the law enforcement unit;         (2)    destroy the forfeited property; or         (3)    sell, exchange, or transfer the forfeited property to another law enforcement unit for official use by that unit. […]