Ch. 5

LAWS OF MARYLAND

Error: Extraneous comma in Article 26A, § 12(e).

Occurred: Ch. 250, Acts of 1988.

Article 27 - Crimes and Punishments

36B.

(d) Any person who shall use a handgun or an antique
firearm capable of being concealed on the person in the
commission of any felony or any crime of violence as defined in §
441 of this [article,] ARTICLE shall be guilty of a separate
misdemeanor and on conviction thereof shall, in addition to any
other sentence imposed by virtue of commission of said felony or
misdemeanor:

(1)  For a first offense, be sentenced to the Maryland
Division of Correction for a term of not less than 5 nor more
than 20 years, and:

(i) It is mandatory upon the court to impose no
less than the minimum sentence of 5 years; and

(ii) Except as otherwise provided in Article
31B, § 11 of the Code, the person is not eligible for parole in
less than 5 years; and

(2)  For a second or subsequent offense, be sentenced
to the Maryland Division of Correction for a term of not less
than 5 nor more than 20 years, and it is mandatory upon the court
to impose no less than a minimum consecutive sentence of 5 years
which shall be served consecutively and not concurrently to any
other sentence imposed by virtue of the commission of said felony
or misdemeanor.

DRAFTER'S NOTE:

Error: Extraneous comma in Article 27, § 36B(d).

Occurred: Ch. 13, Acts of 1972. Correction by the
Michie Company in the 1988 Supplement to the 1987
Replacement Volume of Volume 3A of the Annotated Code
of Maryland is validated by this Act.

36F.

(h) "Handgun roster" means the roster of permitted handguns
compiled by the Board under [§ 36-I] § 36J of this article.

DRAFTER'S NOTE:

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