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Ch. 26
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2002 LAWS OF MARYLAND
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penalty for anyone possessing a weapon on school property is either
imprisonment not exceeding 3 years or a fine not exceeding $1,000 but not
both. Although this is the same as the general penalty for carrying a
concealed weapon under § 4-101(d)(1) of this subtitle, the penalty for a
minor carrying pepper mace under § 4-101(d)(2) of this subtitle is
imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
The General Assembly may wish to address the disparities among these
sentences.
Defined terms: "County" § 1-101
"Person" § 1-101
4-103. DISARMING A LAW ENFORCEMENT OFFICER
(A) "LAW ENFORCEMENT OFFICER" DEFINED.
IN THIS SECTION, "LAW ENFORCEMENT OFFICER" MEANS:
(1) A LAW ENFORCEMENT OFFICER WHO, IN AN OFFICIAL CAPACITY, IS
AUTHORIZED BY LAW TO MAKE ARRESTS;
(2) A SHERIFF, DEPUTY SHERIFF, OR ASSISTANT SHERIFF; OR
(3) AN EMPLOYEE OF THE DIVISION OF CORRECTION, THE PATUXENT
INSTITUTION, THE DIVISION OF PRETRIAL DETENTION AND SERVICES, THE DIVISION
OF PAROLE AND PROBATION, A LOCAL CORRECTIONAL FACILITY, OR ANY BOOKING
FACILITY.
(B) PROHIBITED.
A PERSON MAY NOT KNOWINGLY REMOVE OR ATTEMPT TO REMOVE A FIREARM
FROM THE POSSESSION OF ANOTHER IF:
(1) THE OTHER IS LAWFULLY ACTING WITHIN THE COURSE AND SCOPE
OF EMPLOYMENT; AND
(2) THE PERSON HAS KNOWLEDGE OR REASON TO KNOW THAT THE
OTHER IS EMPLOYED AS A LAW ENFORCEMENT OFFICER
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 YEARS OR A FINE
NOT EXCEEDING $10,000 OR BOTH.
(D) SENTENCING.
A SENTENCE IMPOSED UNDER THIS SECTION MAY BE IMPOSED SEPARATE
FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR ANY CRIME
BASED ON THE ACT OR ACTS ESTABLISHING THE VIOLATION UNDER THIS SECTION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 36A-1.
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- 322 -
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