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Session Laws, 1972
Volume 708, Page 48   View pdf image
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48                                Laws of Maryland                        [Ch. 13

(8) ask such questions and request such explanations as may be
reasonably calculated to determine whether the person is, in fact,
unlawfully wearing, carrying, or transporting a handgun in viola-
tion of Section 36B; and, if the person does not give an explanation
which dispels, in the officers' mind, the reasonable suspicion
BELIEF
which he had, he may

(4) conduct a search of the person, limited to a patting or frisk-
ing of the person's clothing in search of a handgun; .
THE LAW
ENFORCEMENT OFFICER IN ACTING UNDER THIS SECTION
SHALL DO SO WITH DUE REGARD TO ALL CIRCUMSTANCES
OF THE OCCASION, INCLUDING BUT NOT LIMITED TO THE
AGE, APPEARANCE, PHYSICAL CONDITION, MANNER, AND
SEX OF THE PERSON APPROACHED.

(b)  In the event that the officer discovers the person to be wear-
ing, carrying, or transporting a handgun, he may demand that the
person produce evidence that he is entitled to so wear, carry, or
transport the handgun pursuant to Section 36B (c) of this article.
If the person is unable to produce such evidence, the officer may
then seize the handgun and arrest the person.

(c)  Nothing in this section shall be construed to limit the right
of any law enforcement officer to make any other type of search,
seizure, and arrest which may be permitted by law, and the provi-
sions hereof shall be in addition to and not in substitution of or
limited by the provisions of Section 594B of this article.

(d) No law enforcement officer conducting a search pursuant to

the provisions of this Section 36D shall be liable for damages to

the person searched unless said person shall prove by a fair pre-

ponderance of the evidence, that the officer acted without reasonable
grounds for suspicion and
with malice.

(D)  ANY LAW ENFORCEMENT OFFICER SUED IN A CIVIL
ACTION FOR CONDUCTING A SEARCH OR SEIZURE PUR-
SUANT TO THIS SECTION WHICH IS ALLEGED TO BE UN-
REASONABLE AND UNLAWFUL SHALL, UPON HIS RE-
QUEST, BE DEFENDED IN SAID ACTION AND ANY AP-
PEALS THEREFROM, BY THE ATTORNEY GENERAL.

(E)  EVERY LAW ENFORCEMENT OFFICER WHO CON-
DUCTS A SEARCH OR SEIZURE PURSUANT TO THIS SEC-
TION SHALL, WITHIN TWENTY-FOUR HOURS AFTER SUCH
SEARCH OR SEIZURE, FILE A WRITTEN REPORT WITH
THE LAW ENFORCEMENT AGENCY BY WHICH HE IS EM-
PLOYED DESCRIBING THE SEARCH OR SEIZURE AND THE
CIRCUMSTANCES THEREOF THE CIRCUMSTANCES SUR-
ROUNDING THE SEARCH OR SEIZURE AND THE REASONS
THEREFOR ON A FORM PRESCRIBED BY THE SECRETARY
OF PUBLIC SAFETY AND CORRECTIONAL SERVICES. SUCH
REPORT SHALL INCLUDE THE NAME OF THE PERSON
SEARCHED. A COPY OF ALL SUCH REPORTS SHALL BE
SENT TO THE SUPERINTENDENT OF THE MARYLAND
STATE POLICE.

36E. Permits.

(a) A permit to carry a handgun may SHALL be issued WITHIN
A REASONABLE TIME by the Superintendent of the Maryland

 

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Session Laws, 1972
Volume 708, Page 48   View pdf image
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