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§ 4-208. Possession of firearm at public demonstration

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2016

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 4. Weapon Crimes
Subtitle 2. Handguns
Effective: October 1, 2016
MD Code, Criminal Law, § 4-208
Formerly cited as MD CODE Art. 27, § 36G
§ 4-208. Possession of firearm at public demonstration
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Demonstration” means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers.
(ii) “Demonstration” does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.
(3)(i) “Firearm” means a handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or any other firearm, whether loaded or unloaded.
(ii) “Firearm” does not include an antique firearm.
(4) “Handgun” has the meaning stated in § 5-101 of the Public Safety Article.
(5) “Law enforcement officer” means:
(i) a member of a police force or other unit of the United States, the State, a county, municipal corporation, or other political subdivision who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, the State, a county, municipal corporation, or other political subdivision;
(ii) a park police officer of the Maryland-National Capital Park and Planning Commission;
(iii) a member of the University System of Maryland Police Force; and
(iv) any military or militia personnel directed by constituted authority to keep law and order.
(6)(i) “Public place” means a place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose.
(ii) “Public place” is not limited to a place devoted solely to the uses of the public.
(iii) “Public place” includes:
1. the front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;
2. a public building, including its grounds and curtilage;
3. a public parking lot;
4. a public street, sidewalk, or right-of-way;
5. a public park; and
6. other public grounds.
Prohibited
(b)(1) This subsection does not apply to a law enforcement officer.
(2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:
(i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and
(ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.
Penalty
(c) A person who 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.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2016, c. 25, § 2, eff. Oct. 1, 2016.
Formerly Art. 27, § 36G.
MD Code, Criminal Law, § 4-208, MD CRIM LAW § 4-208
Current through legislation effective through May 8, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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