Ch. 14

1997 LAWS OF MARYLAND

(b) Any person who shall wear, carry, or transport any handgun, whether
concealed or open, upon or about his person, and any person who shall wear, carry or
knowingly transport any handgun, whether concealed or open, in any vehicle traveling
upon the public roads, highways, waterways, or airways or upon roads or parking lots
generally used by the public in this State shall be guilty of a misdemeanor; and it shall be
a rebuttable presumption that the person is knowingly transporting the handgun; and on
conviction of the misdemeanor shall be fined or imprisoned as follows:

[(i)] (1) If the person has not previously been convicted of unlawfully
wearing, carrying or transporting a handgun in violation of this section, or of unlawfully
using a handgun in the commission of a crime in violation of subsection (d) of this section,
or of unlawfully carrying a concealed weapon in violation of § 36 of this article, or of
unlawfully carrying a deadly weapon on public school property in violation of § 36A of
this article, he shall be fined not less than two hundred and fifty ($250.00) dollars, nor
more than twenty-five hundred ($2,500.00) dollars, or be imprisoned in jail or sentenced
to the Maryland Division of Correction for a term of not less than 30 days nor more than
three years, or both; provided, however, that if it shall appear from the evidence that the
handgun was worn, carried, or transported on any public school property in this State, the
court shall impose a sentence of imprisonment of not less than 90 days.

[(ii)] (2) If the person has previously been once convicted of unlawfully
wearing, carrying, or transporting a handgun in violation of this section, or of unlawfully
using a handgun in the commission of a crime in violation of subsection (d) of this section,
or of unlawfully carrying a concealed weapon in violation of § 36 of this article, or of
unlawfully carrying a deadly weapon on public school property in violation of § 36A of
this article, he shall be sentenced to the Maryland Division of Correction for a term of not
less than 1 year nor more than 10 years, and it is mandatory upon the court to impose no
less than the minimum sentence of 1 year; provided, however, that if it shall appear from
the evidence that the handgun was worn, carried, or transported on any public school
property in this State, the court shall impose a sentence of imprisonment of not less than
three years.

[(iii)] (3) If the person has previously been convicted more than once of
unlawfully wearing, carrying, or transporting a handgun in violation of this section, or of
unlawfully using a handgun in the commission of a crime in violation of subsection (d) of
this section, or of unlawfully carrying a concealed weapon in violation of § 36 of this
article, or of unlawfully carrying a deadly weapon on public school property in violation of
§ 36A of this article, or any combination thereof, he shall be sentenced to the Maryland
Division of Correction for a term of not less than three years nor more than 10 years, and
it is mandatory upon the court to impose no less than the minimum sentence of three
years; provided, however, that if it shall appear from the evidence that the handgun was
worn, carried, or transported on any public school property in this State, the court shall
impose a sentence of imprisonment of not less than 5 years.

[(iv)](4) If it shall appear from the evidence that any handgun referred to in
this subsection was carried, worn, or transported with the deliberate purpose of injuring
or killing another person, the court shall impose a sentence of imprisonment of not less
than 5 years.

DRAFTER'S NOTE:

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