WILLIAM DONALD SCHAEFER, Governor                       Ch. 6

(e) Notwithstanding any other provision of law to the
contrary, including the provisions of § 643 of this article, (1)
except with respect to a sentence prescribed in subsection (b)(i)
[hereof] OF THIS SECTION, no court shall enter a judgment for
less than the mandatory minimum sentence prescribed in this
subheading in those cases for which a mandatory minimum sentence
is specified in this subheading; (2) except with respect to a
sentence prescribed in subsection (b)(i) [hereof] OF THIS
SECTION, no court shall suspend a mandatory minimum sentence
prescribed in this subheading; (3) except with respect to a
sentence prescribed in subsection (b)(i) [hereof] OF THIS SECTION
for wearing, carrying, or transporting a handgun in violation of
§ 36B other than on public school property, no court shall enter
a judgment of probation before or without verdict with respect to
any case arising under this subheading; and (4) except with
respect to a sentence prescribed in subsection (b)(i) [hereof] OF
THIS SECTION no court shall enter a judgment of probation after
verdict with respect to any case arising under this subheading
which would have the effect of reducing the actual period of
imprisonment prescribed in this subheading as a mandatory minimum
sentence.

DRAFTER'S NOTE:

Error: Stylistic errors in Article 27, § 36B(b)(iv)
and (e).

Occurred: Ch. 13, Acts of 1972.

36C.

(c) (1) Upon the seizure of a handgun pursuant to this
section, the seizing authority shall attempt to ascertain and
locate its owner by whatever inquiry and investigation is
considered appropriate. If, as a result of an inquiry or
investigation, the name and address of the reputed owner of the
handgun is ascertained and the owner is a nonresident of
Maryland, the seizing authority shall notify the appropriate
law-enforcement agency of the jurisdiction of which the owner is
a resident and forward the handgun to that agency for disposition
if the handgun is not needed for investigation or evidence or
disposed of under PARAGRAPH (4) OF THIS SECTION SUBSECTION. If
the owner is a resident of the State the seizing authority may
return the handgun to the owner. If the seizing authority does
not return the handgun, it shall promptly notify the owner that
he may apply within 30 days to the seizing authority for a review
to determine whether the owner knew or should have known that the
handgun was worn, carried, transported or used in violation of §
36B, and whether the owner is qualified to possess it.
Qualification for possession is the same as for sale or transfer
under § 442 of this article. Knowingly giving false information
or making a material misstatement in the application for review

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