Marvin Mandel, Governor                             41

(i) if the person has not previously been convicted of unlawfully
wearing, carrying or transporting a handgun in violation of this
Section 36B, or of unlawfully carrying a concealed weapon in viola-
tion of Section 36 of this article, or of unlawfully carrying a deadly
weapon on public school property in violation of Section 36A of this
article, he shall be fined not less than two hundred and fifty ($250.00)
dollars, nor more than twenty five hundred ($2,500.00) dollars, or be
imprisoned in jail or sentenced to the Maryland Division of Correc-
tion for a term of not less than 30 days nor more than three years, or
both; provided, however, that if it shall appear from the evidence that
the handgun was worn, carried, or transported on any public school
property in this State, the Court shall impose a sentence of impris-
onment of not less than 90 days.

(ii) if the person has previously been once convicted of unlawfully
wearing, carrying, or transporting a handgun in violation of Section
36B, or of unlawfully carrying a concealed weapon in violation of
Section 36 of this article, or of unlawfully carrying a deadly weapon
on public school property in violation of Section 36A of this article,
he shall be sentenced to the Maryland Division of Correction for a
term of not less than 1 year nor more than 10 years, and it is man-
datory upon the Court to impose no less than the minimum sentence
of 1 year; provided, however, that if it shall appear from the evi-
dence that the handgun was worn, carried, or transported on any pub-
lic school property in this State, the Court shall impose a sentence of
imprisonment of not less than three years.

(iii) if the person has previously been convicted more than once
of unlawfully wearing, carrying, or transporting a handgun in viola-
tion of Section 36B, or of unlawfully carrying a concealed weapon in
violation of Section 36 of this article, or of unlawfully carrying a
deadly weapon on public school property in violation of Section 36A
of this article, or any combination thereof, he shall be sentenced to
the Maryland Division of Correction for a term of not less than three
years nor more than 10 years, and it is mandatory upon the Court to
impose no less than the minimum sentence of three years; provided,
however, that if it shall appear from the evidence that the handgun
was worn, carried, or transported on any public school property in
this State, the Court shall impose a sentence of imprisonment of not
less than 5 years.

(iv) If it shall appear from the evidence that any handgun referred
to in subsection (a) hereof was carried, worn, or transported with the
deliberate purpose of injuring or killing another person, the Court
shall impose a sentence of imprisonment of not less than five years.

(v) Notwithstanding any other provision of law to the contrary,

including the provisions of Section 643 of this article, (a), no court

shall enter a judgment for less than the minimum mandatory sen-
tence provided for in this subheading in those cases for which a min-
imum mandatory sentence is specified in this subheading; (b) no
court shall suspend a minimum mandatory sentence provided for in
this subheading; (c) no court shall enter a judgment of probation
before verdict or probation without verdict with respect to any case
arising under this subheading; and (d) no court shall enter a judg-

ment of probation after verdict with respect to any case arising

under this subheading which would have the effect of reducing

the actual period of imprisonment or the actual amount of the fine
prescribed in this subheading as a mandatory minimum sentence.