State Codes and Statutes

Statutes > Maryland > Criminal-law > Title-4 > Subtitle-2 > 4-204

§ 4-204. Use of handgun or antique firearm in commission of crime.
 

(a)  Prohibited.- A person may not use an antique firearm capable of being concealed on the person or any handgun in the commission of a crime of violence, as defined in § 5-101 of the Public Safety Article, or any felony, whether the antique firearm or handgun is operable or inoperable at the time of the crime. 

(b)  Penalty.-  

(1) (i) A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years. 

(ii) The court may not impose less than the minimum sentence of 5 years and, except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years. 

(2) For each subsequent violation, the sentence shall be consecutive to and not concurrent with any other sentence imposed for the crime of violence or felony. 
 

[An. Code 1957, art. 27, § 36B(d); 2002, ch. 26, § 2; 2003, ch. 17.]   

State Codes and Statutes

Statutes > Maryland > Criminal-law > Title-4 > Subtitle-2 > 4-204

§ 4-204. Use of handgun or antique firearm in commission of crime.
 

(a)  Prohibited.- A person may not use an antique firearm capable of being concealed on the person or any handgun in the commission of a crime of violence, as defined in § 5-101 of the Public Safety Article, or any felony, whether the antique firearm or handgun is operable or inoperable at the time of the crime. 

(b)  Penalty.-  

(1) (i) A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years. 

(ii) The court may not impose less than the minimum sentence of 5 years and, except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years. 

(2) For each subsequent violation, the sentence shall be consecutive to and not concurrent with any other sentence imposed for the crime of violence or felony. 
 

[An. Code 1957, art. 27, § 36B(d); 2002, ch. 26, § 2; 2003, ch. 17.]   


State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Criminal-law > Title-4 > Subtitle-2 > 4-204

§ 4-204. Use of handgun or antique firearm in commission of crime.
 

(a)  Prohibited.- A person may not use an antique firearm capable of being concealed on the person or any handgun in the commission of a crime of violence, as defined in § 5-101 of the Public Safety Article, or any felony, whether the antique firearm or handgun is operable or inoperable at the time of the crime. 

(b)  Penalty.-  

(1) (i) A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years. 

(ii) The court may not impose less than the minimum sentence of 5 years and, except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years. 

(2) For each subsequent violation, the sentence shall be consecutive to and not concurrent with any other sentence imposed for the crime of violence or felony. 
 

[An. Code 1957, art. 27, § 36B(d); 2002, ch. 26, § 2; 2003, ch. 17.]