PARRIS N. GLENDENING, Governor

Ch. 343

SO AS TO GIVE IT THE DESTRUCTIVE CHARACTERISTICS OF A MILITARY ORDNANCE,
INCLUDING A MOLOTOV COCKTAIL PIPE BOMB, OR PETROLEUM SOAKED
FERTILIZER AMMONIUM NITRATE.

(C) (1) "EXPLOSIVE MATERIAL" MEANS MATERIAL WHICH EXPLODES
WHEN DETONATED AND HAS A DESTRUCTIVE CAPABILITY.

(2) "EXPLOSIVE MATERIAL" INCLUDES:.

(I) EXPLOSIVES AS DEFINED IN ARTICLE 38A, § 26 OF THE CODE;

AND

(II) DYNAMITE FOR CONSTRUCTION WORK, FERTILIZER FOR
FARMING AMMONIUM NITRATE. NATURAL GAS IN PIPELINES AND STORAGE TANKS,
ETHER, AND CANNISTERIZED OXYGEN FOR HEALTH CARE FACILITIES.

(3) "EXPLOSIVE MATERIAL" DOES NOT INCLUDE THOSE ITEMS
EXCLUDED AS EXPLOSIVES IN ARTICLE 38A § 26 OF THE CODE WHEN THOSE ITEMS
ARE USED IN THEIR ORIGINAL CONFIGURATION.

(D) (1) "INCENDIARY MATERIAL" MEANS A FLAMMABLE OR COMBUSTIBLE
LIQUID.

(2) "INCENDIARY MATERIAL" INCLUDES GASOLINE, ACETONE,
BENZENE, BUTANE, JET FUEL FUEL OIL KEROSENE, AND DIESEL FUEL

(E) (1) "TOXIC MATERIAL" MEANS MATERIAL WHICH IS CAPABLE OF
CAUSING DEATH OR SERIOUS BODILY INJURY ALMOST IMMEDIATELY ON BEING
ABSORBED THROUGH THE SKIN, INHALED, OR INGESTED.

(2) "TOXIC MATERIAL" INCLUDES NERVE GAS, MUSTARD GAS, CYANIDE
GAS, CHLORINE GAS, AND SULPHURIC ACID.

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): The definition
of explosive material in subsection (c) incorporates by reference the definition of
explosives in Article 38A, § 26. Subsection (c)(3) is added to clarify that fireworks,
ammunition, and the other items excluded in Article 38A, § 26 are not destructive devices
when used in their original configuration. If, however, they are deliberately altered and
equipped with some type of detonation device, they would be covered by the definition Of
destructive device. For instance, ammunition would not be considered explosive material
but a pipe bomb made from gunpowder obtained from ammunition would be covered.

139B. EXEMPTIONS FROM APPLICATION OF SUBHEADING.

THE PROHIBITIONS OF THIS SUBHEADING DO NOT APPLY TO:

(1) LAW ENFORCEMENT PERSONNEL OF THE UNITED STATES
GOVERNMENT OR ANY AGENCY OR DEPARTMENT OF THE UNITED STATES,
MEMBERS OF THE ARMED FORCES OF THE UNITED STATES OR OF THE NATIONAL
GUARD, OR LAW ENFORCEMENT PERSONNEL OF THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE WHILE ACTING WITHIN THE SCOPE OF THEIR OFFICIAL
DUTIES;

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