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ROBERT L. EHRLICH, JR., Governor Ch. 482
(ii) wear, carry, or knowingly transport a handgun, whether
concealed or open, in a vehicle traveling on a road or parking lot generally used by the
public, highway, waterway, or airway of the State;
(III) VIOLATE ITEM (I) OR (II) OF THIS PARAGRAPH WHILE ON PUBLIC
SCHOOL PROPERTY IN THE STATE; OR
(IV) VIOLATE ITEM (I) OR (II) OF THIS PARAGRAPH WITH THE
DELIBERATE PURPOSE OF INJURING OR KILLING ANOTHER PERSON.
(2) There is a rebuttable presumption that a person who transports a
handgun under paragraph (l)(ii) of this subsection transports the handgun
knowingly.
(c) (1) A person who violates this section is guilty of a misdemeanor and on
conviction is subject to the penalties provided in this subsection.
(2) If the person has not previously been convicted under this section, §
4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
(i) except as provided in item (ii) of this paragraph, the person is
subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine
of not less than $250 and not exceeding $2,500 or both; [but] OR
(ii) if [it appears from the evidence that the handgun was worn,
carried, or transported on public school property in the State] THE PERSON VIOLATES
SUBSECTION (A)(1)(III) OF THIS SECTION, the person shall be sentenced to
imprisonment for not less than 90 days.
(3) (i) If the person has previously been convicted once under this
section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title[, the person shall
be sentenced]:
1. EXCEPT AS PROVIDED IN ITEM 2 OF THIS SUBPARAGRAPH,
THE PERSON IS SUBJECT to imprisonment for not less than 1 year and not exceeding
10 years; [but] OR
2. if [it appears from the evidence that the handgun was
worn, carried, or transported on public school property in the State,] THE PERSON
VIOLATES SUBSECTION (A)(1)(III) OF THIS SECTION, THE PERSON IS SUBJECT to
imprisonment for not less than 3 years and not exceeding 10 years.
(ii) The court may not impose less than the applicable minimum
sentence provided under subparagraph (i) of this paragraph.
(4) (i) If the person has previously been convicted more than once
under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any
combination of these crimes[, the person shall be sentenced]:
1. EXCEPT AS PROVIDED IN ITEM (2) OF THIS
SUBPARAGRAPH, THE PERSON IS SUBJECT to imprisonment for not less than 3 years
and not exceeding 10 years; [but] OR
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