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§ 4-111. Wearing, carrying, or transporting firearms; areas for children or vulnerable individu...

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2023

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
Effective: October 1, 2023
MD Code, Criminal Law, § 4-111
§ 4-111. Wearing, carrying, or transporting firearms; areas for children or vulnerable individuals; government or public infrastructure areas; special purpose areas
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Area for children and vulnerable individuals” means:
(i) a preschool or prekindergarten facility or the grounds of the facility;
(ii) a private primary or secondary school or the grounds of the school; or
(iii) a health care facility, as defined in § 15-10B-01(g)(1), (2), (3), and (4) of the Insurance Article.
(3) “Firearm” has the meaning stated in § 4-104 of this subtitle.
(4) “Government or public infrastructure area” means:
(i) a building or any part of a building owned or leased by a unit of State or local government;
(ii) a building of a public or private institution of higher education, as defined in § 10-101 of the Education Article;
(iii) a location that is currently being used as a polling place in accordance with Title 10 of the Election Law Article or for canvassing ballots in accordance with Title 11 of the Election Law Article;
(iv) an electric plant or electric storage facility, as defined in § 1-101 of the Public Utilities Article;
(v) a gas plant, as defined in § 1-101 of the Public Utilities Article; or
(vi) a nuclear power plant facility.
(5) “Law enforcement official” has the meaning stated in § 4-201 of this article.
(6) “Police officer” has the meaning stated in § 3-201 of the Public Safety Article.
(7) “ROTC” means Reserve Officer Training Corps.
(8) “Special purpose area” means:
(i) a location licensed to sell or dispense alcohol or cannabis for on-site consumption;
(ii) a stadium;
(iii) a museum;
(iv) an amusement park;
(v) a racetrack; or
(vi) a video lottery facility, as defined in § 9-1A-01 of the State Government Article.
Application of section
(b) This section does not apply to:
(1) a law enforcement official or a police officer;
(2) an on-duty employee of a law enforcement agency authorized by the agency to possess firearms on duty or whose duty assignment involves the possession of firearms;
(3) a member of the armed forces of the United States, the National Guard, or the uniformed services on duty or traveling to or from duty;
(4) a member of an ROTC program while participating in an activity for an ROTC program;
(5) a correctional officer or warden of a correctional facility in the State;
(6) a railroad police officer appointed under Title 3, Subtitle 4 of the Public Safety Article;
(7) an employee of an armored car company, if the person is acting within the scope of employment and has a valid permit to wear, carry, or transport a handgun issued under Title 5, Subtitle 3 of the Public Safety Article;
(8) subject to subsection (i) of this section, a person who has retired as a law enforcement official in good standing from a law enforcement agency of the United States, the State or another state, or a local unit in the State or another state, who possesses a firearm, if:
(i) 1. the person is carrying the person's badge or credential in compliance with the requirements of the badge or credential;
2. the firearm carried or possessed by the person is concealed from view under or within an article of the person's clothing; and
3. the person is authorized to carry a handgun under the laws of the State or the United States; or
(ii) 1. the person possesses a valid permit to wear, carry, or transport a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; and
2. the firearm carried or possessed by the person is concealed from view under or within an article of the person's clothing;
(9) for a location that is not owned by, leased by, or otherwise under the control of the State or a political subdivision of the State:
(i) the owner or lessee of the location; or
(ii) a person who is authorized by the owner or lessee of the location to wear, carry, or transport a firearm at the location for the purpose of:
1. employment as a security guard licensed under Title 19 of the Business Occupations Article; or
2. protecting any individual or property at the location with an express agreement between the parties, remuneration, or compensation;
(10) a location being used with the permission of the person or governmental unit that owns, leases, or controls the location for:
(i) an organized shooting activity for educational purposes;
(ii) a historical demonstration using a firearm; or
(iii) hunting or target shooting; or
(11) a firearm that is carried or transported in a motor vehicle if the firearm is:
(i) locked in a container; or
(ii) a handgun worn, carried, or transported in compliance with any limitations imposed under § 5-307 of the Public Safety Article, by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article.
Areas for children or vulnerable individuals
(c) A person may not wear, carry, or transport a firearm in an area for children or vulnerable individuals.
Government or public infrastructure areas
(d)(1) A person may not wear, carry, or transport a firearm in a government or public infrastructure area.
(2) A government or public infrastructure area specified under subsection (a)(4)(i) of this section must display a clear and conspicuous sign at the main entrance of the building or the part of a building that is owned or leased by the unit of State or local government indicating that it is not permissible to wear, carry, or transport a firearm in the building or that part of the building.
Special purpose areas
(e) A person may not wear, carry, or transport a firearm in a special purpose area.
Penalties
(f) A person who willfully violates subsection (c), (d)(1), or (e) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Merger
(g)(1) A conviction under this section may not merge with a conviction for any other crime based on the act establishing the violation of this section.
(2) 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 establishing the violation of this section.
Momentary and inadvertent exposure
(h) For purposes of this section, a requirement to keep a handgun concealed is not violated by:
(1) the momentary and inadvertent exposure of a handgun; or
(2) the momentary and inadvertent exposure of the imprint or outline of a handgun.
Maryland courts
(i) Nothing in this section limits the power of an administrative head of a Maryland court to punish for contempt or to adopt rules or orders regulating, allowing, restricting, or prohibiting the possession of weapons in any building housing the court or any of its proceedings, or on any grounds appurtenant to the building.

Credits

Added by Acts 2023, c. 680, § 1, eff. Oct. 1, 2023.
MD Code, Criminal Law, § 4-111, MD CRIM LAW § 4-111
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document