§ 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.

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