PARRIS N. GLENDENING, Governor                               H.B. 708

(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 SOLELY 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)     (1) IN ADDITION TO THE PENALTY 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

- 4811 -