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Ch. 26
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2002 LAWS OF MARYLAND
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In subsection (a)(2)(i) of this section, the reference to a law enforcement
officer "announc[ing] the officer's status" as a law enforcement officer is
substituted for the former reference to the officer "identify[ing] himself" as
a law enforcement officer for clarity.
In subsection (a)(3) of this section, the reference to a law enforcement
officer being required to act under this "subsection" with regard to certain
characteristics of the person approached is substituted for the former
reference to the officer acting under this "section" since only the provisions
of former Art. 27, § 36D(a), revised in subsection (a) of this section, refer to
an officer's actions when approaching a person.
Also in subsection (a)(3) of this section, the requirement that a law
enforcement officer acting under this subsection "take into account" all
circumstances of the occasion is substituted for the former reference that
the officer "do so with due regard" for clarity.
In subsection (b)(1) of this section, the reference to a "person's authority" to
wear, carry, or transport a handgun is substituted for the former reference
to a person being "entitled" to wear, carry, or transport a handgun for
clarity.
In subsection (b)(2) of this section, the reference to a person "not
producing]" evidence is substituted for the former reference to a person
being "unable to produce" evidence for clarity.
In subsection (d) of this section, the reference to an action "including any
appeal" is substituted for the former reference to an action "and any
appeals therefrom" for clarity because an appeal from a civil case would
still be part of the same "action". See, e.g., Md. Rule 1-202(a) - "'Action'
means collectively all the steps by which a party seeks to enforce any right
in a court or all the steps of a criminal prosecution.".
In subsection (e)(2) of this section, the former declaration that the
provisions of this section are "not in substitution" of the provisions of Title
2 of the Criminal Procedure Article is deleted as included in the
declaration that the provisions of this section are "in addition to" the
provisions of that title.
Defined terms: "Handgun" § 4-201
"Person" § 1-101
"Vehicle" § 4-201
4-207. PERMIT HOLDER CARRYING, WEARING, OR TRANSPORTING HANDGUN UNDER
THE INFLUENCE.
(A) PROHIBITED.
A PERSON TO WHOM A PERMIT HAS BEEN ISSUED OR WHOSE PERMIT HAS BEEN
RENEWED UNDER ARTICLE 27, § 36E OF THE CODE MAY NOT WEAR, CARRY, OR
TRANSPORT A HANDGUN WHILE THE PERSON IS UNDER THE INFLUENCE OF
ALCOHOL OR DRUGS.
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- 344 -
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