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§ 6-411. Wearing, carrying, or transporting a firearm; entry or trespass in dwelling of another...

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

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 6. Crimes Against Property
Subtitle 4. Trespass
Effective: October 1, 2023
MD Code, Criminal Law, § 6-411
§ 6-411. Wearing, carrying, or transporting a firearm; entry or trespass in dwelling of another; entry or trespass on property
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Dwelling” means a building or part of a building that provides living or sleeping facilities for one or more individuals.
(ii) “Dwelling” does not include:
1. common elements of a condominium, as defined in § 11-101 of the Real Property Article;
2. property of a cooperative housing corporation other than a unit as defined in § 5-6B-01 of the Corporations and Associations Article; or
3. common areas of a multifamily dwelling as defined in § 12-203 of the Public Safety Article.
(3) “Firearm” has the meaning stated in § 4-104 of this article.
(4) “Law enforcement official” has the meaning stated in § 4-201 of this article.
(5) “Police officer” has the meaning stated in § 3-201 of the Public Safety Article.
(6)(i) “Property” means a building.
(ii) “Property” does not include the land adjacent to a building.
Application of section
(b) This section does not apply to:
(1) a law enforcement official or 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 correctional officer or warden of a correctional facility in the State;
(5) the wearing, carrying, or transporting of a firearm on a portion of real property subject to an easement, a right-of-way, a servitude, or any other property interest that allows public access on or through the real property; or
(6) the wearing, carrying, or transporting of a firearm on a portion of real property subject to an easement, a right-of-way, a servitude, or any other property interest allowing access on or through the real property by:
(i) the holder of the easement, right-of-way, servitude, or other property interest; or
(ii) a guest or assignee of the holder of the easement, right-of-way, servitude, or other property interest.
Entry or trespass in dwelling of another
(c) A person wearing, carrying, or transporting a firearm may not enter or trespass in the dwelling of another unless the owner or the owner's agent has given express permission, either to the person or to the public generally, to wear, carry, or transport a firearm inside the dwelling.
Entry or trespass on property
(d) A person wearing, carrying, or transporting a firearm may not:
(1) enter or trespass on property unless the owner or the owner's agent has posted a clear and conspicuous sign indicating that it is permissible to wear, carry, or transport a firearm on the property; or
(2) enter or trespass on property unless the owner or the owner's agent has given the person express permission to wear, carry, or transport a firearm on the property.
Penalties
(e) A person who willfully violates 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
(f)(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.

Credits

Added by Acts 2023, c. 680, § 1, eff. Oct. 1, 2023.
MD Code, Criminal Law, § 6-411, MD CRIM LAW § 6-411
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document