Section 13-205 - Seized handguns in criminal cases.

§ 13-205. Seized handguns in criminal cases.
 

(a)  In general.-  

(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 of the claimant's right to present the claim at the proceeding. 

(3) A claimant who has completed the review procedure provided for by this subtitle is not entitled to a second review under this subsection. 

(b)  If application review, petition, or release does not occur.- If a timely application for a review or a complaint to the court under § 13-204 of this subtitle does not occur, and an order for release under subsection (a) of this section is not issued, the handgun shall be: 

(1) forfeited to the State without further proceedings; and 

(2) destroyed by the seizing authority or disposed of in accordance with § 13-206 of this subtitle. 

(c)  If owner is not located.- If an owner of a seized handgun is not identified and located, the handgun is forfeited to the State without further proceedings. 
 

[An. Code 1957, art. 27, § 36C(c)(4), (5), (6); 2001, ch. 10, § 2.]