Baltimore City Code, Article 19, § 39-4 Seizure and forfeiture authorized.
§ 39-4. Seizure and forfeiture authorized.
A replica gun is subject to seizure and forfeiture if it is found in violation of this subtitle.
(Ord. 16-593.)
Seizure and Forfeiture
Baltimore City Code art. 19, subtit. 39, pt. 2
in effectBaltimore City Code, Article 19, § 39-5 Seizure by police.
§ 39-5. Seizure by police.
(a) When warrant not needed.
A police officer need not have a warrant to seize a replica gun if:
(1) the police officer has probable cause to believe the replica gun is in violation of this subtitle; and
(2) a warrant is not constitutionally required under the circumstances.
(b) Removal of replica gun.
Whenever a police officer seizes a replica gun under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner.
(c) Replica gun not repleviable.
A replica gun seized under this subtitle is not repleviable and remains in the custody of the Police Department, subject only to the orders and decrees of the court or official with jurisdiction over it.
(Ord. 16-593.)
Baltimore City Code, Article 19, § 39-6 Referral to Solicitor.
§ 39-6. Referral to Solicitor.
(a) Police to refer case.
Promptly after seizure, the City Solicitor must be notified in writing of the facts and circumstances supporting the seizure.
(b) Solicitor’s review.
(1) On receiving the report, the Solicitor must conduct an independent review of the facts and circumstances surrounding the seizure.
(2) If the Solicitor finds sufficient evidence that the alleged replica gun was in violation of this subtitle, the Solicitor must notify the replica gun’s owner, by registered or certified mail, of the seizure and of the owners right to seek the return of the replica gun under § 39-7 {“Judicial review”} of this subtitle.
(3) If, on the other hand, the Solicitor finds that there is insufficient evidence to prove a violation, the Solicitor must surrender the alleged replica gun to the owner on the owner’ request.
(Ord. 16-593.)
Baltimore City Code, Article 19, § 39-7 Judicial review.
§ 39-7. Judicial review.
(a) In general.
The owner of a replica gun seized under this subtitle may petition the District Court for Baltimore City for the return of the replica gun.
(b) Time allowed for petition.
A petition under this section must be filed within 30 days of the notification required by § 39-6(b)(2).
(Ord. 16-593.)
Baltimore City Code, Article 19, § 39-8 {Reserved}
Baltimore City Code, Article 19, § 39-9 Forfeiture.
§ 39-9. Forfeiture.
(a) Court to provide for disposition.
If the court determines that the replica gun should be forfeited, the court may order the replica gun forfeited to the City or provide other means to dispose of the replica gun.
(b) When deemed forfeited without petition.
A replica gun that has been seized by the City is deemed forfeited to the City if the replica gun owner has not timely filed in the District Court for the return of the replica gun under § 39-7 {“Judicial review”} of this subtitle.
(c) City disposal of forfeited replica.
A replica gun that has been forfeited to the City must be destroyed.
(Ord. 16-593.)
Baltimore City Code, Article 19, § 39-10 Order of release.
§ 39-10. Order of release.
If, after a full hearing, the court determines that the replica gun should not be forfeited, the court shall order the replica gun released.
(Ord. 16-593.)
Baltimore City Code, Article 19, § 39-11 {Reserved}
Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/19/39/2Fetched: 10/25/2026