Ch. 343

1997 LAWS OF MARYLAND

(2) OFFICERS OR EMPLOYEES OF THE UNITED STATES, THE STATE, OR A
POLITICAL SUBDIVISION OF THE STATE WHO ARE AUTHORIZED TO HANDLE A
DESTRUCTIVE DEVICE WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES AND WHO
ARE ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES;

(3) A PERSON AUTHORIZED OR LICENSED UNDER LAW TO POSSESS THE
EXPLOSIVE, INCENDIARY, OR TOXIC MATERIAL WHILE THE PERSON IS ACTING
WITHIN THE SCOPE OF THE AUTHORIZATION OR LICENSE IF POSSESSION OF A
PARTICULAR EXPLOSIVE, INCENDIARY, OR TOXIC MATERIAL IS SPECIFICALLY
REGULATED OR LICENSED UNDER LAW; OR

(4) A PERSON WHO:

(I) POSSESSES SMOKELESS OR BLACK GUNPOWDER UNDER THE
PROVISIONS OF ARTICLE 38A OF THE CODE; AND

(II) USES SMOKELESS OR BLACK GUNPOWDER FOR LOADING OR
RELOADING SMALL ARMS AMMUNITION, ANTIQUE FIREARMS, OR REPLICAS OF
ANTIQUE FIREARMS.

139C. PROHIBITIONS.

A PERSON MAY NOT KNOWINGLY:

(1) MANUFACTURE, TRANSPORT, POSSESS, CONTROL STORE, SELL
DISTRIBUTE, OR USE A DESTRUCTIVE DEVICE; OR

(2) POSSESS ANY EXPLOSIVE, INCENDIARY, OR TOXIC MATERIAL WITH
INTENT TO CREATE A DESTRUCTIVE DEVICE

139D. PENALTIES.

(A) A PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBHEADING IS
GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE
THAN $250,000 OR BY IMPRISONMENT FOR NOT MORE THAN 25 YEARS OR BOTH.

(B) THE SENTENCE IMPOSED UNDER THIS SECTION MAY BE IMPOSED
SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR
AN OFFENSE BASED ON THE ACT OR ACTS ESTABLISHING THE VIOLATION OF THIS
SUBHEADING.

(C) (I) IN ADDITION TO THE PENAL TV PROVIDED IN THIS SECTION, A PERSON
CONVICTED UNDER THIS SUBHEADING MAY BE ORDERED BY THE COURT TO PAY
RESTITUTION TO:

(I) THE STATE. COUNTY. MUNICIPAL CORPORATION. BICOUNTY
AGENCY. OR SPECIAL TAXING DISTRICT FOR ACTUAL COSTS REASONABLY INCURRED
DUE TO THE PLACEMENT. DELIVERY. OR DETONATION OF A DESTRUCTIVE DEVICE
INCLUDING THE SEARCH FOR REMOVAL OF, AND DAMAGES CAUSED BY A DESTRUCTIVE
DEVICE; AND

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