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Ch. 26
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2002 LAWS OF MARYLAND
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(I) THE PERSON MAY BE WEARING, CARRYING, OR TRANSPORTING
A HANDGUN IN VIOLATION OF § 4-203 OF THIS SUBTITLE;
(II) BECAUSE THE PERSON POSSESSES A HANDGUN, THE PERSON
IS OR PRESENTLY MAY BE DANGEROUS TO THE OFFICER OR TO OTHERS;
(III) UNDER THE CIRCUMSTANCES, IT IS IMPRACTICABLE TO
OBTAIN A SEARCH WARRANT; AND
(TV) TO PROTECT THE OFFICER OR OTHERS, SWIFT MEASURES ARE
NECESSARY TO DISCOVER WHETHER THE PERSON IS WEARING, CARRYING, OR
TRANSPORTING A HANDGUN.
(2) IF THE CIRCUMSTANCES SPECIFIED UNDER PARAGRAPH (1) OF THIS
SUBSECTION EXIST, A LAW ENFORCEMENT OFFICER:
(I) MAY APPROACH THE PERSON AND ANNOUNCE THE OFFICER'S
STATUS AS A LAW ENFORCEMENT OFFICER;
(II) MAY REQUEST THE NAME AND ADDRESS OF THE PERSON;
(III) IF THE PERSON IS IN A VEHICLE, MAY REQUEST THE PERSON'S
LICENSE TO OPERATE THE VEHICLE AND THE REGISTRATION OF THE VEHICLE;
(TV) MAY ASK ANY QUESTION AND REQUEST ANY EXPLANATION
THAT MAY BE REASONABLY CALCULATED TO DETERMINE WHETHER THE PERSON IS
UNLAWFULLY WEARING, CARRYING, OR TRANSPORTING A HANDGUN IN VIOLATION
OF § 4-203 OF THIS SUBTITLE; AND
(V) IF THE PERSON DOES NOT OFFER AN EXPLANATION THAT
DISPELS THE OFFICER'S REASONABLE BELIEFS DESCRIBED IN PARAGRAPH (1) OF
THIS SUBSECTION, MAY CONDUCT A SEARCH OF THE PERSON LIMITED TO A PATTING
OR FRISKING OF THE PERSON'S CLOTHING IN SEARCH OF A HANDGUN.
(3) A LAW ENFORCEMENT OFFICER ACTING UNDER THIS SUBSECTION
SHALL TAKE INTO ACCOUNT ALL CIRCUMSTANCES OF THE OCCASION, INCLUDING
THE AGE, APPEARANCE, PHYSICAL CONDITION, MANNER, AND GENDER OF THE
PERSON APPROACHED.
(B) SEIZURE OF HANDGUN AND ARREST.
(1) IF THE OFFICER DISCOVERS THAT THE PERSON IS WEARING,
CARRYING, OR TRANSPORTING A HANDGUN, THE OFFICER MAY DEMAND EVIDENCE
FROM THE PERSON OF THE PERSON'S AUTHORITY TO WEAR, CARRY, OR TRANSPORT
THE HANDGUN IN ACCORDANCE WITH § 4-203(B) OF THIS ARTICLE.
(2) IF THE PERSON DOES NOT PRODUCE THE EVIDENCE SPECIFIED IN
PARAGRAPH (1) OF THIS SUBSECTION, THE OFFICER MAY SEIZE THE HANDGUN AND
ARREST THE PERSON.
(C) WRITTEN REPORT.
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- 342 -
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