3254

LAWS OF MARYLAND

Ch. 675

APPROVED by the Authority, and only [ in the performance of his
duties or while on the transit facilities owned, controlled, or
operated by the authority in direct transit to and from a duty
assignment. A member of the metro transit police is authorized
to carry such weapons only while in direct transit to and from a
duty assignment and is subject to such additional limitations in
the use of weapons as are imposed on the duly constituted police
force for the political subdivision in which he is engaged in the
performance of his duties]:

(I) IN THE PERFORMANCE OF HIS DUTIES;

(II) WHILE OTHERWISE IN OR ON THE TRANSIT
FACILITIES OWNED, OPERATED OR CONTROLLED BY THE AUTHORITY;

(III) IN TRANSIT TO OR FROM A DUTY ASSIGNMENT
OR TO OR FROM HIS RESIDENCE; OR

(IV) AT ANY OTHER TIME UPON APPLICATION TO AND
APPROVAL BY THE AUTHORITY AND ONLY THEN IF THERE IS SUBSTANTIAL
LIKELIHOOD THAT THE APPLICANT WILL REQUIRE THE WEAPON FOR
PROTECTION FROM BODILY INJURY TO HIMSELF FOR A MEMBER OR MEMBERS
OF HIS FAMILY DOMICILED WITH HIM.

(2) THE DETERMINATION THAT AN APPLICANT HAS

DEMONSTRATED SUFFICIENT CAUSE TO BE AUTHORIZED TO CARRY A WEAPON
IS COMMITTED TO THE SOLE DISCRETION OF THE AUTHORITY AND MAY NOT

BE THE SUBJECT OF ANY COLLECTIVE BARGAINING PROCEEDING OR

AGREEMENT. REVIEW OF THE EXERCISE OF SUCH DISCRETION BY THE

AUTHORITY IS LIMITED TO THAT OF A COURT COMPETENT JURISDICTION
IF SUCH COURT FINDS THAT THE AUTHORITY HAS ACTED ARBITRARILY,

CAPRICIOUSLY, OR FRAUDULENTLY IN GRANTING OR WITHHOLDING

AUTHORIZATION TO OR FROM A MEMBER OF THE METRO TRANSIT POLICE TO
CARRY A WEAPON ISSUED BY THE AUTHORITY.

(c)  Members of the metro transit police shall have power to
execute on the transit facilities owned, controlled, or operated
by the Authority any traffic citation or any criminal process
issued by any court of any signatory or of any political
subdivision of a signatory, for any felony, misdemeanor or other
offense against laws, ordinances, rules, or regulations of the
Authority, or of the signatory or its political subdivision as
specified in subsection (a). [However, with] WITH respect to
offenses committed upon, to, or against the transit facilities
owned, controlled or operated by the Authority, the metro transit
police shall have power[, except in Maryland,] to execute
criminal process within the transit zone.

(d)  Upon the apprehension or arrest of any person by a
member of the metro transit police pursuant to the provisions of
subsection (b), the arresting officer, as required by the law of
the place of arrest, shall either issue a summons or a citation
against the person, or book or deliver the person to the duly
constituted judicial officer of the signatory or political
subdivision where the arrest is made, for disposition as required
by law.