|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
896
|
|
LAWS OF MARYLAND
|
|
Ch. 227
|
|
|
|
|
|
|
|
|
|
|
|
|
handgun, whether concealed or open, in any vehicle traveling upon
the public roads, highways, waterways, or airways or upon roads
or parking lots generally used by the public in this State shall
be guilty of a misdemeanor; and it shall be a rebuttable
presumption that the person is knowingly transporting the
handgun; and on conviction of the misdemeanor shall be fined or
imprisoned as follows:
(i) If the person has not previously been convicted
of unlawfully wearing, carrying or transporting a handgun in
violation of this section, OR OF UNLAWFULLY USING A HANDGUN IN
THE COMMISSION OF A CRIME IN VIOLATION OF SUBSECTION (D) OF THIS
SECTION, or of unlawfully carrying a concealed weapon in
violation of § 36 of this article, or of unlawfully carrying a
deadly weapon on public school property in violation of § 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 Correction 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 imprisonment 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 § 36B, OR OF UNLAWFULLY USING A HANDGUN IN THE
COMMISSION OF A CRIME IN VIOLATION OF SUBSECTION (D) OF THIS
SECTION, or of unlawfully carrying a concealed weapon in
violation of § 36 of this article, or of unlawfully carrying a
deadly weapon on public school property in violation of § 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 mandatory upon the court to impose no less than
the minimum sentence of 1 year; 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 three years.
(iii) If the person has previously been convicted
more than once of unlawfully wearing, carrying, or transporting a
handgun in violation of § 36B, OR OF UNLAWFULLY USING A HANDGUN
IN THE COMMISSION OF A CRIME IN VIOLATION OF SUBSECTION (D) OF
THIS SECTION, or of unlawfully carrying a concealed weapon in
violation of § 36 of this article, or of unlawfully carrying a
deadly weapon on public school property in violation of § 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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
