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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
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 June 1, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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