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Session Laws, 1994
Volume 773, Page 2166   View pdf image
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(a)     (1) In this section the following terms have the meanings indicated.

(2)     "Drug trafficking crime" means:

(i) Any felony involving the possession, distribution, manufacture, or
importation of a controlled dangerous substance under §§ 286 and 286A of this article; or

(ii) Conspiracy to commit any felony involving possession, distribution,
manufacture, or importation of a controlled dangerous substance under § 286 or § 286A
of this article,

(3)     "Firearm silencer or muffler" means any device that is designed for
silencing, muffling, or diminishing the report of a firearm including any combination of
parts designed, redesigned, or intended for use in assembling or fabricating a firearm
silencer or muffler.

(b)     During and in relation to any drug trafficking crime, a person who uses, wears,
carries, or transports a firearm is guilty of a separate felony and on conviction shall, in
addition to the sentence provided for the drug trafficking crime, be sentenced as follows:

(1)     (i) For a first offense, for a term of not less than 5 nor more than 20
years.

(ii) It is mandatory upon the court to impose no less than the
minimum sentence of 5 years, no part of which may be suspended and the person may not
be eligible for parole except in accordance with the provisions of Article 31B, § 11 of the
Code; and

(2)     (i) For a second or subsequent offense, for a term of not less than 10
nor more than 20 years.

(ii) It is mandatory upon the court to impose no less than a minimum
consecutive sentence of 10 years, no part of which may be suspended and the person may
not be eligible for parole except in accordance with the provisions of Article 31B, § 11 of
the Code.

(iii) The sentence shall be served consecutively and not concurrently to
any other sentence imposed by virtue of the commission of the drug trafficking crime.

(c)     The minimum mandatory sentence provided in subsection (b)(1) and (2) of
this section shall be doubled if the firearm is:

(1) [Any of the following specific firearms or their copies regardless of
which company produced and/or manufactured that firearm:

(i) Uzi 9mm in any format (micro, carbine, rifle);

(ii) Heckler and Koch HK 91 A3 (.308 caliber); 93-A (.223 caliber);

(iii) Galil 5.56mm and 7.62mm;

Ch. 456

281A.

1994 LAWS OF MARYLAND

- 2166 -

 

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Session Laws, 1994
Volume 773, Page 2166   View pdf image
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