918 Laws of Maryland Ch. 404
34E.
D. In any case where a person has been convicted of a violation
of Sections 27 and 27A, OR OF A VIOLATION OF SECTIONS 27B
AND 27A, and such convictions arise out of the same transaction, the
conviction under Section 27 OR 27B shall merge into the conviction
under Section 27A. In any case where a person has been convicted of
a violation or violations under this subtitle for which penalties and/or
fines have been imposed against such person pursuant to two or more
of Sections 34, 34A, 34B or 34C, 34C OR 34D, any penalty and/or fine
imposed pursuant to Section 34A shall preempt the other penalties
and/or fines imposed pursuant to any other of such Sections as a
result of such violation or violations, and any penalty and/or fine
imposed pursuant to Section 34B shall preempt the other penalties
and/or fines imposed pursuant to any other of such Sections as a
result of such violation or violations except any penalty and/or fine
imposed pursuant to Section 34A hereof.
34F.
E. In addition to any other fines or penalties provided for a
violation of the provisions of this subtitle, any motor vehicle or other
vehicle, vessel or aircraft used or employed in the concealment, con-
veying or transporting of any explosives during the course of any
violation of this subtitle by any person or persons on whom a penalty
and/or fine is imposed under the provisions of Section 34A or 34B,
shall upon the conviction or convictions be declared by the court to
be forfeited to the county or to Baltimore City, as the case may be;
provided that no vehicle shall be forfeited hereunder unless the own-
er thereof authorized or permitted such use or employment, and pro-
vided further that the interest thereby transferred to the county
or Baltimore City shall be subordinate to the interest of the holder
of any perfected security interest, in such vehicle, vessel, or air-
craft. The county commissioners or the mayor and city council of
Baltimore at their discretion, and after discharging any perfected
security interest in such vehicle, vessel or aircraft, may use the
same for public purposes or may exchange, sell or convey it to an-
other person or persons; and any cash or moneys received therefor
shall be added to the general funds of the county or City of Bal-
timore.
34G.
F. In any complaint, information, or indictment, and in any
action or proceeding brought for the enforcement of any provision
of this subtitle, it shall not be necessary to negative any exception,
excuse, proviso or exemption contained in this subtitle, and the
burden of proof of any such exception, excuse, proviso or exemption
shall be upon the defendant or upon the holder of any alleged security
interest, as the case may be.
35.
The licensing provisions of this subtitle shall not apply to the
armed forces of the United States, the National Guard, the State
Guard, or to officers or employees of the United States or of this
State or of any political subdivision thereof, who are authorized to
handle explosives in the performance of their duties.
|
|