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PARRIS N. GLENDENING, Governor
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Ch. 26
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THIS SECTION DOES NOT APPLY TO A .22 CALIBER RIFLE WITH A TUBULAR
MAGAZINE.
(B) PROHIBITED.
A PERSON MAY NOT MANUFACTURE, SELL, OFFER FOR SALE, PURCHASE,
RECEIVE, OR TRANSFER A DETACHABLE MAGAZINE THAT HAS A CAPACITY OF MORE
THAN 20 ROUNDS OF AMMUNITION FOR A FIREARM.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 36H-5(b).
The former reference to "any type of" firearm is deleted as surplusage.
Defined term: "Person" § 1-101
4-306. PENALTIES.
(A) IN GENERAL.
A PERSON WHO VIOLATES THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE
NOT EXCEEDING $5,000 OR BOTH.
(B) USE IN A FELONY OR CRIME OF VIOLENCE.
(1) A PERSON WHO USES AN ASSAULT PISTOL, OR A MAGAZINE THAT
HAS A CAPACITY OF MORE THAN 20 ROUNDS OF AMMUNITION, IN THE COMMISSION
OF A FELONY OR A CRIME OF VIOLENCE AS DEFINED IN ARTICLE 27, § 441 OF THE
CODE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION, IN ADDITION TO ANY
OTHER SENTENCE IMPOSED FOR THE FELONY OR CRIME OF VIOLENCE, SHALL BE
SENTENCED UNDER THIS SUBSECTION.
(2) (I) FOR A FIRST VIOLATION, THE PERSON SHALL BE SENTENCED
TO IMPRISONMENT FOR NOT LESS THAN 5 AND NOT EXCEEDING 20 YEARS.
(II) THE COURT MAY NOT IMPOSE LESS THAN THE MINIMUM
SENTENCE OF 5 YEARS.
(III) THE MANDATORY MINIMUM SENTENCE OF 5 YEARS MAY NOT
BE SUSPENDED.
(IV) EXCEPT AS OTHERWISE PROVIDED IN § 4-305 OF THE
CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT ELIGIBLE FOR PAROLE IN
LESS THAN 5 YEARS.
(3) (I) FOR EACH SUBSEQUENT VIOLATION, THE PERSON SHALL BE
SENTENCED TO IMPRISONMENT FOR NOT LESS THAN 10 AND NOT EXCEEDING 20
YEARS.
(II) THE COURT MAY NOT IMPOSE LESS THAN THE MINIMUM
SENTENCE OF 10 YEARS.
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- 353 -
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