Ch. 5 2003 LAWS OF MARYLAND
IF ON TRIAL FOR A VIOLATION OF THIS SECTION POSSESSION OF THE FIREARM
BY THE DEFENDANT IS ESTABLISHED, THE DEFENDANT IS PRESUMED TO HAVE
OBLITERATED, REMOVED, CHANGED, OR ALTERED THE MANUFACTURER'S
IDENTIFICATION MARK OR NUMBER ON THE FIREARM.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 444.
Defined terms: "Firearm" § 5-101
"Person" § 1-101
5-143. KNOWING PARTICIPATION IN VIOLATION OF SUBTITLE.
(A) PROHIBITED.
EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, A DEALER OR OTHER
PERSON MAY NOT KNOWINGLY PARTICIPATE IN THE ILLEGAL SALE, RENTAL,
TRANSFER, PURCHASE, POSSESSION, OR RECEIPT OF A REGULATED FIREARM IN
VIOLATION OF THIS SUBTITLE.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE
NOT EXCEEDING $10,000 OR BOTH.
(C) SEPARATE CRIME.
EACH VIOLATION OF THIS SECTION IS A SEPARATE CRIME.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 449(f).
In subsection (a) of this section, the reference to this "subtitle" is
substituted for the former reference to this "section" even though this
subtitle is derived, in part, from provisions outside of former Art. 27, § 449.
Because the provisions revised in this subtitle do not affect the application
of this subtitle in a way contrary to the provisions set forth here, no
substantive change results.
Defined terms: "Dealer" § 5-101
"Person" § 1-101
"Regulated firearm" § 5-101
REVISOR'S NOTE TO SUBTITLE: The Public Safety Article Review
Committee notes, for consideration by the General Assembly, that throughout this
subtitle exceptions or exemptions from certain provisions or requirements are
provided for law enforcement personnel or law enforcement officers. There seems to
be no consistency in these provisions. For example, law enforcement personnel of the
federal government and law enforcement personnel of the State are exempted from
this subtitle while acting within the scope of their official duties. See § 5-102(4) of this
subtitle. A firearm applicant is exempted from the requirement to complete a certified
firearms training course if the applicant is a law enforcement officer of the State or a
- 258 -
|