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245
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MARVIN MANDEL, Governor
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applicable to the balance of this subtitle, as
set forth in §5-1105 of this article. Should
they be conformed?
5-1008. FIREARMS OR EXPLOSIVES ABOARD AIRCRAFT.
(A) PROHIBITED.
EXCEPT AS SPECIFICALLY AUTHORIZED BY STATE OR
FEDERAL LAW, A PERSON MAY NOT BE ABOARD, BOARD, OR
ATTEMPT TO BOARD ANY AIRCRAFT ENGAGED IN CERTIFICATED AIR
COMMERCE SERVICES WITH ANY FIREARM OR EXPLOSIVE ON OR
ABOUT HIS PERSON, WHETHER OPENLY OR CONCEALED.
(B) PENALTY.
ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SECTION IS GUILTY OF A FELONY AND ON CONVICTION IS
SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 YEARS.
REVISOR'S NOTE: This section is new language derived
from Art. 27, §36A-1.
In subsection (a) of this section, the phrase
"board, or attempt to board" is substituted
for the present, less judicially certain - and
overly broad, if not unconstitutional —
criterion "with intent to board".
Present §36A—1(c), which provides that the
section does not "authorize or limit any
action incompatible with ... federal law", is
deleted. As regards the reference to
limitations, the provision's reference to
limiting any action "incompatible" with
federal law is nonsequential and, further,
unnecessary in light of the introductory
phrase in subsection (a) of this section; as
regards the reference to authorizations, the
provision is unnecessary since this section,
in any event, does not authorize anything.
The only other changes are in style.
The Commission suggests that consideration be
given to broadening the scope of this section
so that it will apply not only to one who
boards or attempts to board an aircraft with a
firearm or explosive but, also, one who causes
a firearm or explosive to be placed aboard by
others - e.g., in baggage checked in advance
of flight.
5-1009. SEAPLANES.
AIRCRAFT CAPABLE OF OPERATING ON WATER SHALL BE
GOVERNED BY THE RULES OF WATER NAVIGATION WHILE AT REST
ON OR OPERATING IN CONTACT WITH WATER.
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