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Ch. 26
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2002 LAWS OF MARYLAND
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section, the reference to an officer of a "county or municipal corporation"
entitled to wear a dangerous weapon, which is substituted for the former
reference to an officer of a "county or city" so entitled, does not appear to
include a law enforcement officer of a special taxing district such as
Crofton, and may not include a law enforcement officer of a multicounty
unit such as the Maryland-National Capital Park and Planning
Commission. The General Assembly may wish to address the scope of law
enforcement or other officers who are exempt from this section but are not
employed by a State unit or a county or municipal corporation.
The Criminal Law Article Review Committee also notes, for the
consideration of the General Assembly, that in subsection (b)(2) of this
section, it is unclear whether the reference to a "special agent of a railroad"
who is entitled to wear a dangerous weapon denotes a "Maryland railroad
police officer" appointed under Art. 23, §§ 256 through 266 or some other
class of railroad agent.
The Criminal Law Article Review Committee also notes, for the
consideration of the General Assembly, that the crimes established in
subsection (c)(3) and (4) of this section apply only to minors, although they
are not characterized as delinquent acts. It appears from the statute that
these crimes would be prosecuted in criminal rather than juvenile court,
although in practice they apparently are not.
The Criminal Law Article Review Committee also notes, for the
consideration of the General Assembly, that in subsection (d)(1) of this
section, the penalty for anyone carrying a concealed dangerous weapon is
either imprisonment not exceeding 3 years or a fine not exceeding $1,000
but not both. However, the penalty for a minor carrying pepper mace under
subsection (d)(2) of this section is imprisonment not exceeding 3 years or a
fine not exceeding $1,000 or both. The General Assembly may wish to
address the disparity between these sentences.
Defined terms: "County" § 1-101
"Minor" § 1-101
"Person" § 1-101
"State" § 1-101
4-102. DEADLY WEAPONS ON SCHOOL PROPERTY.
(A) EXCEPTIONS.
THIS SECTION DOES NOT APPLY TO:
(1) A LAW ENFORCEMENT OFFICER IN THE REGULAR COURSE OF THE
OFFICER'S DUTY;
(2) A PERSON HIRED BY A COUNTY BOARD OF EDUCATION
SPECIFICALLY FOR THE PURPOSE OF GUARDING PUBLIC SCHOOL PROPERTY;
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(3) A PERSON ENGAGED IN ORGANIZED SHOOTING ACTIVITY FOR
EDUCATIONAL PURPOSES; OR
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- 320 -
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