Seized handguns in criminal cases

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


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