19.3 Firearms as Property/Evidence

Exactly as extracted, unformatted — for checking against the original. The readable version is easier to read.

Centreville Police Department
Title: Firearms as Property/Evidence Directive #: 19.3
Issued: 10.1.2016 Revised: 10.1.2016
Approved by: Charles M. Rhodes, Jr.
Chief of Police
A. Policy
Incidents involving firearms will be handled in accordance with statute and this directive.
B. Definitions
FIREARM:
• a firearm, other than one owned by MSP.
REGULATED FIREARMS:
• a firearm or a firearm listed in MD. CODE ANN., PUB. SAFETY § 5-101(r)(2).
C. Procedures
1. Handling Firearms
a. When possible, firearms associated with a crime scene will be kept in the same condition in which
they are found, with the exception of firearms that are loaded.
b. Officers should make every effort to use examination gloves when handling firearms at a crime scene.
c. Firearms will be made safe and unloaded as soon as conditions allow it to be done safely.
(1) Absent exigent circumstances, loaded firearms will not be brought into an MSP facility.
(2) If unloading a firearm at CPD, officers will do so in a safe location.
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(3) If an unloading box is not available, the firearm will be unloaded outdoors with the muzzle pointed
in a safe direction.
(4) Firearms that cannot be unloaded because the officer is unfamiliar with the weapon or due to a
malfunction will be tagged as “loaded” and will be stored in temporary storage and the CPD
armorer or firearms instructor will be requested to make the weapon safe.
(5) The officer recovering the firearm will note the condition in which the firearm was found (e.g.,
round in the chamber, number of rounds in the magazine or cylinder) and include this information
in the Incident Report which will be made available to the armorer or firearms instructor.
d. Generally, when firearms are transported in CPD vehicles, they will be placed in the trunk.
2. Enforcement and Resources
a. Officers should be familiar with the firearm laws listed in the References Section.
b. Officers who seize or otherwise come into contact with a firearm will, as soon as practical, notify the
MSP Gun Center by calling 1-855-677-6486 (1-855-MSP-MGUN).
c. Determining Ownership and Conducting Traces
(1) Gun Center personnel will search the Maryland Automated Firearms Services System (MAFSS) to
determine the owners of regulated firearms.
(2) A trace of both regulated and non-regulated firearms will also be conducted through the Bureau of
Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Tracing Center.
(3) The information received from ATF will be reviewed by Gun Center personnel to determine if
additional enforcement action is warranted.
(4) The response from MAFSS and the ATF Firearms Trace Summary report will be forwarded to the
investigating officer.
d. Urgent traces pertaining to homicides and other time sensitive investigations may also be directed to
the Gun Center.
3. Disposition of Firearms
a. Upon conclusion of a criminal case involving a seized firearm, the court may order forfeiture or release
of the firearm in accordance with the law.
b. The following weapons will be seized as contraband and will not be returned to the owner:
(1) Assault pistols, as described in CRIM. LAW § 4-301, found to be in the possession of someone
other than the owner registered in MAFSS prior to August 1, 1994; and
(2) Assault pistols seized pursuant to CRIM. LAW § 4-304.
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c. For firearms seized under FAM. LAW, §4-511, at the conclusion of a proceeding on the alleged act of
domestic violence, the owner of the firearm may retake possession of the firearm unless ordered to
surrender the firearm under FAM. LAW, §4-506.
d. For firearms confiscated pursuant to CRIM. LAW §4-203, CRIM. PROC. § 13-201 et seq, CRIM. LAW §5-
622 or PUB. SAFETY § 5-135, the Chief will determine a disposition of the firearm which may include:
(1) Returning the firearm to the owner after a review of the case indicates:
 it is not needed as evidence;
 the owner did not use the firearm or knowingly permit the firearm to be used in violation
of the law; and
 the owner is not prohibited from possessing firearms.
(2) For firearms seized under PUB. SAFETY § 5-135, allowing the transfer or sale of a firearm through
the secondary sales registration process to a non-prohibited person who the owner designates if:
 there was no finding of guilt; and
 the firearm was originally obtained through a lawful transaction or there was an offense
after the purchase which prohibits the owner from possessing the firearm.
(3) Retaining the firearm for use as evidence in a criminal case; or
(4) Forfeiting the firearm.
4. Owner Notification and Appeals
a. Owners of firearms which were seized by CPD will be notified concerning the intended disposition by a
Form 203, Firearms/Firearm Disposition.
b. The Form 203 contains the statutory disqualifiers that will prevent the return of the firearm.
c. The notification will be sent by the Chief via certified mail, return receipt requested.
d. When the Chief determines a firearm should be forfeited, the owner may apply to the CPD for a
review within 30 days to determine whether he knew or should have known the firearm was worn,
carried, transported, or used in violation of CRIM. LAW § §4-203 and whether he is qualified to possess
the firearm under PUB. SAFETY, § 5-133.
(1) Upon receipt of the appeal, the Chief will hold an informal review, not subject to the
Administrative Procedures Act, to determine whether the owner knew or should have known of
the use or intended use of the firearm in violation of CRIM. LAW § §4-203.
(2) If the Chief rules in favor of the owner, the firearm will be released to the owner in accordance
with OPS 17.09, if he is qualified to possess it, unless it is needed as evidence in a criminal case.
(3) If the Chief determines the firearm should be forfeited, the owner will be notified of the decision
at his last known address via certified mail, return receipt requested.
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e. Within 30 days, the owner may petition the District Court to release the firearm to him.
(1) When an appeal is made to the Court, a copy of the papers filed by the individual and a copy of the
case file will be forwarded to the Office of Legal Counsel, which will review the matter and assist in
representing the CPD position with the State’s Attorney.
(2) The Chief will coordinate with the State's Attorney.
f. Persons who have made a written claim of ownership of a firearm to the CPD or to the State's
Attorney will be notified of the judicial proceedings and of the claimant's right to present his claim at
those proceedings, except that a claimant who has completed the review procedure provided by CPD
will not have the right to a review before the Court.
g. If no timely application for a review by the CPD or Court is made, or if an order for the release of the
firearm by the court is issued, it will be forfeited to the State without further proceedings and
disposed of pursuant to CRIM. PROC. § 13-201 et seq.
5. Destroying Firearms
a. Confiscated firearms eligible to be released and no longer of evidentiary value will be retained at the
CPD.
b. If unclaimed by the owner after 90 days, the firearm will be subject to destruction.
c. Ownership Claims
(1) Any person claiming ownership to a firearm which was disposed of by CPD, may file a claim for
reimbursement.
(2) Every claim must be accompanied by proof of ownership.
(3) Reimbursement may not exceed the fair market value of the firearm at the time it was destroyed,
minus all expenses incurred by CPD in the storage and disposal of the firearm.
(4) Claims for reimbursement will only be considered if the firearm was disposed of by CPD in
violation of this policy.
6. Firearms Returned to Owners
a. Prior to a firearm being returned to its owner, the Chief will contact the Gun Center and provide the
person’s identifying information.
b. Gun Center personnel will check all available State and federal criminal history records to ensure the
person receiving the firearm is not prohibited from possessing it.
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c. The criminal section supervisor will document the date the Gun Center was contacted and the person
who completed the check in the remarks section of the Property Record.
d. If the owner is a non-resident of Maryland and he is entitled to his firearm, the Chief will notify a law
enforcement agency within the jurisdiction where the owner resides to ensure compliance with
applicable laws, prior to releasing the weapon; the firearm will then be sent to that agency for
disposition using a carrier other than the US Postal Service.
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