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Ch. 26
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PARRIS N. GLENDENING, Governor
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"Manufacture" § 5-101
"Person" § 1-101
"Possess" § 5-101
5-622. FIREARM CRIMES.
(A) "FIREARM" DEFINED.
IN THIS SECTION, "FIREARM" INCLUDES:
(1) A HANDGUN, ANTIQUE FIREARM, RIFLE, SHOTGUN,
SHORT-BARRELED SHOTGUN, AND SHORT-BARRELED RIFLE, AS THOSE WORDS ARE
DEFINED IN § 4-201 OF THIS ARTICLE;
(2) A MACHINE GUN, AS DEFINED IN § 4-401 OF THIS ARTICLE; AND
(3) A REGULATED FIREARM, AS DEFINED IN ARTICLE 27, § 441 OF THE
CODE.
(B) PROHIBITED.
A PERSON MAY NOT POSSESS, OWN, CARRY, OR TRANSPORT A FIREARM IF THAT
PERSON HAS BEEN CONVICTED OF:
(1) A FELONY UNDER THIS TITLE;
(2) A CRIME UNDER THE LAWS OF ANOTHER STATE OR OF THE UNITED
STATES THAT WOULD BE A FELONY UNDER THIS TITLE IF COMMITTED IN THIS
STATE;
(3) CONSPIRACY TO COMMIT A CRIME REFERRED TO IN PARAGRAPHS (1)
AND (2) OF THIS SUBSECTION; OR
(4) AN ATTEMPT TO COMMIT A CRIME REFERRED TO IN PARAGRAPHS (1)
AND (2) OF THIS SUBSECTION.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE
NOT EXCEEDING $10,000 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 291A.
In subsection (a)(1) of this section, the Criminal Law Article Review
Committee notes, for the consideration of the General Assembly, that the
terms "short-barreled shotgun" and "short-barreled rifle", as defined in §
4-201 of this article, are included in the term "handgun" as defined in the
same section. It is unclear whether the terms "short-barreled shotgun"
and "short-barreled rifle" as used in this section are redundant of the term
"handgun", or differ in some way from those terms used in the definition of
"handgun".
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- 453 -
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