§ 12-9. Holding requirements.

(a) Required holding periods.

Except as authorized under subsection (b) of this section, each dealer shall hold at the dealer's place of business all acquired items, as follows:

(1) a precious metal object, as defined in § 12-101 of the Business Regulation Article of the Maryland Code, shall be held for at least 18 days after the report of its acquisition is made in accordance with this subtitle; and

(2) every other item shall be held for at least 10 days after the report of its acquisition is made in accordance with this subtitle.

(b) Waivers.

(1) The Police Commissioner shall adopt reasonable procedures for granting waivers or permitting shorter holding periods, on an ad hoc or long-term basis, in cases of dealer hardship, subject to such record-keeping or other reasonable requirements as may be necessary to preserve the integrity of the reporting and holding requirements of this subtitle.

(2) These procedures shall include:

(i) provisions for waiving the holding period for items purchased directly from, and previously held for the required period by, another dealer, pawnbroker, or scrap metal dealer; and

(ii) a mechanism for assuring prompt decisions on requests for waivers.

(1) After the initial holding period required by subsection (a) of this section, a dealer shall continue to hold an item if:

(i) a law enforcement officer requests that the dealer hold the item;

(ii) the law enforcement officer has reasonable cause to believe the item has been stolen; and

(iii) the item has not been identified under § 12-10(a)(2) of this subtitle.

(2) If an item is placed on additional police hold under this subsection, the dealer shall:

(i) continue to hold the item until:

(A) the police seize it;

(B) the Police Department releases the police hold or directs the item to be released to its owner; or

(ii) if requested to do so, submit to the Police Department a photograph of the item, either by electronic transmittal or by mail or hand delivery, by the same deadline as required by § 12-8 of this subtitle for a daily report.