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Session Laws, 1972
Volume 708, Page 43   View pdf image
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Marvin Mandel, Governor                           43

IS ACTING IN THE COURSE OF HIS EMPLOYMENT AND HAS
BEEN AUTHORIZED TO WEAR, CARRY, OR TRANSPORT
THE HANDGUN BY THE OWNER OR MANAGER OF THE
BUSINESS ESTABLISHMENT.

(d) Unlawful use of handgun in commission of crime. Any per-
son who shall use a handgun in the commission of any felony or any
crime of violence as defined in Section 441 of this Article, shall be
guilty of a separate misdemeanor and on conviction thereof shall, in
addition to any other sentence imposed by virtue of commission of
said felony or misdemeanor, be sentenced to the Maryland Division
of Correction for a term of not less than five nor more than fifteen
years, and it is mandatory upon the court to impose no less than the
minimum sentence of five years.

(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, INCLUDING THE PROVISIONS OF SEC-
TION 643 OF THIS ARTICLE, EXCEPT WITH RESPECT TO A
SENTENCE PRESCRIBED UNDER SUBSECTION (B) (I)
HEREOF FOR WEARING, CARRYING, OR TRANSPORTING
A HANDGUN, IN
VIOLATION OF SECTION 36B. (A) NO
COURT SHALL ENTER A JUDGMENT FOR LESS THAN THE
MINIMUM MANDATORY SENTENCE PROVIDED FOR IN
THIS SUBHEADING IN THOSE CASES FOR WHICH A MINI-
MUM MANDATORY SENTENCE IS SPECIFIED IN THIS SUB
-
HEADING; (B) NO COURT SHALL SUSPEND A MINIMUM
MANDATORY SENTENCE PROVIDED FOR IN THIS SUB
-
HEADING; (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

JUDGMENT OF PROBATION AFTER VERDICT WITH RE-
SPECT 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 SUBHEAD-
ING AS A MANDATORY MINIMUM SENTENCE.

(E) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, INCLUDING THE PROVISIONS
OF SECTION 643 OF THIS ARTICLE, (1) EXCEPT WITH
RESPECT TO A SENTENCE PRESCRIBED IN SUBSECTION
(B) (I) HEREOF, NO COURT SHALL ENTER A JUDGMENT
FOR LESS THAN THE MANDATORY MINIMUM SENTENCE
PRESCRIBED IN THIS SUBHEADING IN THOSE CASES FOR
WHICH A MANDATORY MINIMUM SENTENCE IS SPECI-
FIED IN THIS SUBHEADING; (2) EXCEPT WITH RESPECT
TO A SENTENCE PRESCRIBED IN SUBSECTION (B) (I)
HEREOF, NO COURT SHALL SUSPEND A MANDATORY
MINIMUM SENTENCE PRESCRIBED IN THIS SUBHEADING;
(3) EXCEPT WITH RESPECT TO A SENTENCE PRESCRIBED
IN SUBSECTION (B) (I) HEREOF FOR WEARING, CARRY-
ING, OR TRANSPORTING A HANDGUN IN VIOLATION OF
SECTION 36B OTHER THAN ON PUBLIC SCHOOL PROPERTY,
NO COURT SHALL ENTER A JUDGMENT OF PROBATION
BEFORE OR WITHOUT VERDICT WITH RESPECT TO ANY
CASE ARISING UNDER THIS SUBHEADING; AND (4) EX-
CEPT WITH RESPECT TO A SENTENCE PRESCRIBED IN

 

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Session Laws, 1972
Volume 708, Page 43   View pdf image
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