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Ch. 26
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PARRIS N. GLENDENING, Governor
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(4) A PERSON WHO, WITH A WRITTEN INVITATION FROM THE SCHOOL
PRINCIPAL, DISPLAYS OR ENGAGES IN A HISTORICAL DEMONSTRATION USING A
WEAPON OR A REPLICA OF A WEAPON FOR EDUCATIONAL PURPOSES.
(B) PROHIBITED.
A PERSON MAY NOT CARRY OR POSSESS A FIREARM, KNIFE, OR DEADLY
WEAPON OF ANY KIND ON PUBLIC SCHOOL PROPERTY.
(C) PENALTY.
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE
NOT EXCEEDING $1,000.
(2) A PERSON WHO IS CONVICTED OF CARRYING OR POSSESSING A
HANDGUN IN VIOLATION OF THIS SECTION SHALL BE SENTENCED UNDER SUBTITLE
2 OF THIS TITLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 36A.
In subsection (a)(2) of this section, the former reference to "Baltimore City"
is deleted as included in the defined term "county" and for consistency with
ED § 1-101, which defines "county board" to include the New Baltimore
City Board of School Commissioners.
In subsection (b) of this section, the former limitation "unless otherwise
excepted in this section" is deleted in light of the express language in
subsection (a) of this section providing exceptions to this section.
Also in subsection (b) of this section, the reference to a "firearm" is
substituted for the former references to a "rifle" and a "gun" for brevity. It
is clear that the reference to a "deadly weapon of any kind" includes all
firearms.
Also in subsection (b) of this section, the former phrase "in this State" is
deleted as implicit because the State has jurisdiction to prohibit activities
only in this State.
In subsection (c)(1) of this section, the former reference to being sentenced
"to the Maryland Department of Correction" is deleted for consistency
within this article. Currently, inmates are sentenced to the custody of a
unit such as the Division of Correction and then are placed in a particular
facility. See CS § 9-103.
In subsection (c)(2) of this section, the phrase "is convicted of carrying or
possessing" a handgun is substituted for the former phrase "shall be found
to carry" a handgun for clarity.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in subsection (c)(1) of this section, the
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- 321 -
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