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§ 4-306. Penalties

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2018

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 4. Weapon Crimes
Subtitle 3. Assault Weapons and Detachable Magazines (Refs & Annos)
Effective: October 1, 2018
MD Code, Criminal Law, § 4-306
Formerly cited as MD CODE Art. 27, § 36H-6
§ 4-306. Penalties
In general
(a) Except as otherwise provided in this subtitle, a person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Use in a felony or crime of violence
(b)(1) A person who uses an assault weapon, a rapid fire trigger activator, or a magazine that has a capacity of more than 10 rounds of ammunition, in the commission of a felony or a crime of violence as defined in § 5-101 of the Public Safety Article is guilty of a misdemeanor and on conviction, in addition to any other sentence imposed for the felony or crime of violence, shall be sentenced under this subsection.
(2)(i) For a first violation, the person 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.
(iii) The mandatory minimum sentence of 5 years may not be suspended.
(iv) Except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years.
(3)(i) For each subsequent violation, the person shall be sentenced to imprisonment for not less than 10 years and not exceeding 20 years.
(ii) The court may not impose less than the minimum sentence of 10 years.
(iii) A sentence imposed under this paragraph shall be consecutive to and not concurrent with any other sentence imposed for the felony or crime of violence.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2013, c. 427, § 1, eff. Oct. 1, 2013; Acts 2018, c. 252, § 1, eff. Oct. 1, 2018.
Formerly Art. 27, § 36H-6.
MD Code, Criminal Law, § 4-306, MD CRIM LAW § 4-306
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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