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§ 4-204. Use of firearm in commission of crime

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2014

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 4. Weapon Crimes
Subtitle 2. Handguns
Effective: October 1, 2014
MD Code, Criminal Law, § 4-204
Formerly cited as MD CODE Art. 27, § 36B
§ 4-204. Use of firearm in commission of crime
Firearm defined
(a)(1) In this section, “firearm” means:
(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or
(ii) the frame or receiver of such a weapon.
(2) “Firearm” includes an antique firearm, handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, starter gun, or any other firearm, whether loaded or unloaded.
Persons prohibited from using firearm in commission of violent crime
(b) A person may not use a firearm in the commission of a crime of violence, as defined in § 5-101 of the Public Safety Article, or any felony, whether the firearm is operable or inoperable at the time of the crime.
Misdemeanor violation in addition to other penalties
(c)(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.


Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2011, c. 164, § 1, eff. Oct. 1, 2011; Acts 2011, c. 165, § 1, eff. Oct. 1, 2011; Acts 2014, c. 149, § 1, eff. Oct. 1, 2014.
Formerly Art. 27, § 36B.
MD Code, Criminal Law, § 4-204, MD CRIM LAW § 4-204
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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