reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 12 - Labor Trafficking › Section 3-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Coercion” includes actual or threatened:
(1)    use of physical force against an individual;
(2)    restraint, abduction, isolation, or confinement of an individual against the individual’s will and without lawful authority;
(3)    control or direction of the activity of an individual through debt bondage;
(4)    destruction, concealment, removal, confiscation, withholding, or possession of an actual or purported passport, immigration document, or governmental identification document of an individual;
(5)    infliction of serious psychological harm to an individual;
(6)    control of an individual’s access to a controlled dangerous substance;
(7)    exposure or dissemination of any fact or information that would tend to subject an individual to criminal or immigration proceedings;
(8)    notification to an agency or unit of the State or federal government that an individual is present in the United States in violation of federal immigration law; and
(9)    exploitation of a vulnerable adult.
(c)    “Controlled dangerous substance” has the meaning stated in § 5–101 of this article.
(d)    “Debt bondage” means the status or condition of an individual who provides labor, services, or sex acts to pay a real or alleged debt, where:
(1)    the value of the labor, services, or sex act is not applied toward the liquidation of the debt;
(2)    the nature of the labor, services, or sex act is not limited or defined; or
(3)    the amount of the debt does not reasonably reflect the value of items, services, or other things of value for which the debt was incurred.
(e)    “Vulnerable adult” has the meaning stated in § 3–604 of this article.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 12 - Labor Trafficking › Section 3-1202 - Labor Trafficking Prohibited

(a)    A person may not knowingly:
(1)    take, place, harbor, persuade, induce, or entice another by force, fraud, or coercion to provide services or labor; or
(2)    receive a benefit or thing of value from the provision of services or labor by another that was induced by force, fraud, or coercion.
(b)    A person may not aid or conspire with another to commit a violation of subsection (a) of this section.
(c)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $15,000 or both.
2023 Maryland Statutes › Criminal Law › Title 3 - Other Crimes Against the Person › Subtitle 12 - Labor Trafficking › Section 3-1203 - Investigation and Prosecution of Violations

(a)    A State’s Attorney or the Attorney General may investigate and prosecute a violation of this subtitle or a violation of any crime based on the act establishing a violation of this subtitle.
(b)    If the Attorney General exercises authority under subsection (a) of this section, the Attorney General has all the powers and duties of a State’s Attorney to investigate and prosecute the violation.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 1 - General Provisions › Section 4-102 - Deadly Weapons on School Property

(a)    This section does not apply to:
(1)    a law enforcement officer in the regular course of the officer’s duty;
(2)    an off–duty law enforcement officer or a person who has retired as a law enforcement officer in good standing from a law enforcement agency of the United States, the State, or a local unit in the State who is a parent, guardian, or visitor of a student attending a school located on the public school property, provided that:
(i)    the officer or retired officer is displaying the officer’s or retired officer’s badge or credential;
(ii)    the weapon carried or possessed by the officer or retired officer is concealed; and
(iii)    the officer or retired officer is authorized to carry a concealed handgun in the State;
(3)    a person hired by a county board of education specifically for the purpose of guarding public school property;
(4)    a person engaged in organized shooting activity for educational purposes; or
(5)    a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.
(b)    A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.
(c)    (1)    Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2)    A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 1 - General Provisions › Section 4-103 - Disarming a Law Enforcement Officer

(a)    In this section, “law enforcement officer” means:
(1)    a law enforcement officer who, in an official capacity, is authorized by law to make arrests;
(2)    a sheriff, deputy sheriff, or assistant sheriff; or
(3)    an employee of the Division of Correction, the Patuxent Institution, the Division of Pretrial Detention and Services, the Division of Parole and Probation, a local correctional facility, or any booking facility.
(b)    A person may not knowingly remove or attempt to remove a firearm from the possession of a law enforcement officer if:
(1)    the law enforcement officer is lawfully acting within the course and scope of employment; and
(2)    the person has knowledge or reason to know that the law enforcement officer is employed as a law enforcement officer.
(c)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(d)    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 or acts establishing the violation under this section.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 1 - General Provisions › Section 4-104 - Child's Access to Firearms

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.
(3)    “Child” means an individual under the age of 16 years.
(4)    (i)    “Firearm” means a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun, as those terms are defined in § 4-201 of this title, or any other firearm.
(ii)    “Firearm” does not include an antique firearm as defined in § 4-201 of this title.
(b)    This section does not apply if:
(1)    the child’s access to a firearm is supervised by an individual at least 18 years old;
(2)    the child’s access to a firearm was obtained as a result of an unlawful entry;
(3)    the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or
(4)    the child has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article.
(c)    A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.
(d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(e)    (1)    A violation of this section may not:
(i)    be considered evidence of negligence;
(ii)    be considered evidence of contributory negligence;
(iii)    limit liability of a party or an insurer; or
(iv)    diminish recovery for damages arising out of the ownership, maintenance, or operation of a firearm or ammunition.
(2)    A party, witness, or lawyer may not refer to a violation of this section during a trial of a civil action that involves property damage, personal injury, or death.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 1 - General Provisions › Section 4-105 - Transfer of Switchblade or Shooting Knife

(a)    A person may not sell, barter, display, or offer to sell or barter:
(1)    a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife; or
(2)    a device that is designed to propel a knife from a metal sheath by means of a high-compression ejector spring, commonly called a shooting knife.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 12 months or a fine of not less than $50 and not exceeding $500 or both.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 1 - General Provisions › Section 4-106 - Bulletproof Body Armor -- Wearing Prohibited

(a)    (1)    In this section and § 4-107 of this subtitle the following words have the meanings indicated.
(2)    “Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.
(3)    “Bulletproof body armor” means a material or object that is designed to cover or be worn on any part of the body to prevent, deflect, or slow down the penetration of ammunition.
(4)    “Crime of violence” has the meaning stated in § 14-101 of this article.
(5)    “Drug trafficking crime” has the meaning stated in § 5-621 of this article.
(6)    “Firearm” includes:
(i)    a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle as those terms are defined in § 4-201 of this title;
(ii)    an assault pistol as defined in § 4-301 of this title;
(iii)    a machine gun as defined in § 4-401 of this title; and
(iv)    a regulated firearm as defined in § 5-101 of the Public Safety Article.
(7)    “Secretary” means the Secretary of State Police or the Secretary’s designee.
(b)    A person may not wear bulletproof body armor in the commission of a crime of violence.
(c)    A person may not wear or possess bulletproof body armor during and in relation to a drug trafficking crime.
(d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(e)    A sentence imposed under this section may be separate from a sentence for any crime of violence or drug trafficking crime establishing the violation of this section.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 1 - General Provisions › Section 4-108 - Target Practice or Discharging Gun or Weapon

(a)    In Anne Arundel County, Caroline County, and St. Mary’s County a person may not target practice with a gun or weapon or discharge a gun or weapon on the land of another without first obtaining written permission from the owner or possessor of the land.
(b)    (1)    (i)    In Anne Arundel County and Caroline County a person who violates this section is guilty of a misdemeanor and on conviction is subject to:
1.    for a first violation, a fine of not less than $250 and not exceeding $1,000; and
2.    for each subsequent violation, a fine of not less than $500 and not exceeding $2,000.
(ii)    If a person fails to pay a fine imposed under this paragraph, further proceedings shall be held in accordance with § 7-505 of the Courts Article.
(2)    In St. Mary’s County a person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 1 - General Provisions › Section 4-109 - Electronic Control Device

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Crime of violence” has the meaning stated in § 14–101 of this article.
(3)    “Electronic control device” means a portable device designed as a weapon capable of injuring, immobilizing, or inflicting pain on an individual by the discharge of electrical current.
(b)    A person may not possess or use an electronic control device unless the person:
(1)    has attained the age of 18 years; and
(2)    has never been convicted of a crime of violence or a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 5–613, or § 5–614 of this article.
(c)    An electronic control device may not be sold and activated in the State unless:
(1)    an instructional manual or audio or audiovisual instructions are provided to the purchaser;
(2)    the manufacturer maintains a record of the original owner of the electronic control device; and
(3)    the manufacturer or seller has obtained a State and federal criminal history records check of the original owner to ensure compliance with subsection (b)(2) of this section.
(d)    A manufacturer of electronic control devices shall provide an investigating law enforcement agency with prompt access to the manufacturer’s records on electronic control devices and cartridges sold in the State.
(e)    (1)    A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
(2)    A person who violates subsection (b) of this section while committing a separate crime that is a crime of violence is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
(f)    This section does not prohibit a local government from adopting a restriction or requirement concerning the possession of an electronic control device that is more stringent than the requirements of this section.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 1 - General Provisions › Section 4-110 - Restricted Firearm Ammunition

(a)    In this section, “restricted firearm ammunition” means a cartridge, a shell, or any other device that:
(1)    contains explosive or incendiary material designed and intended for use in a firearm; and
(2)    has a core constructed, excluding traces of other substances, entirely from one or a combination of:
(i)    tungsten alloys;
(ii)    steel;
(iii)    iron;
(iv)    brass;
(v)    beryllium copper;
(vi)    depleted uranium; or
(vii)    an equivalent material of similar density or hardness.
(b)    A person may not, during and in relation to the commission of a crime of violence as defined in § 14–101 of this article, possess or use restricted firearm ammunition.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 2 - Handguns › Section 4-202 - Legislative Findings

The General Assembly finds that:
(1)    the number of violent crimes committed in the State has increased alarmingly in recent years;
(2)    a high percentage of violent crimes committed in the State involves the use of handguns;
(3)    the result is a substantial increase in the number of deaths and injuries largely traceable to the carrying of handguns in public places by criminals;
(4)    current law has not been effective in curbing the more frequent use of handguns in committing crime; and
(5)    additional regulations on the wearing, carrying, and transporting of handguns are necessary to preserve the peace and tranquility of the State and to protect the rights and liberties of the public.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 2 - Handguns › Section 4-204 - Use of Handgun or Antique Firearm in Commission of Crime

(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.
(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.
(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.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 2 - Handguns › Section 4-205 - Other Limitations on Sentencing

(a)    Notwithstanding § 14-102 of this article or any other provision of law, except with respect to a sentence prescribed in § 4-203(c)(2) of this subtitle, a court may not:
(1)    enter a judgment for less than the mandatory minimum sentence prescribed in § 4-203 or § 4-204 of this subtitle in a case in which a mandatory minimum sentence is specified under § 4-203 or § 4-204 of this subtitle; or
(2)    suspend a mandatory minimum sentence prescribed in § 4-203 or § 4-204 of this subtitle.
(b)    Notwithstanding § 14-102 of this article or any other provision of law:
(1)    except with respect to a sentence prescribed in § 4-203(c)(2) of this subtitle for wearing, carrying, or transporting a handgun other than on public school property, a court may not order probation before judgment in a case arising under this subtitle; and
(2)    except with respect to a sentence prescribed in § 4-203(c)(2) of this subtitle, a court may not order probation with respect to a case arising under § 4-203 or § 4-204 of this subtitle that would have the effect of reducing the actual period of imprisonment prescribed in § 4-203 or § 4-204 of this subtitle as a mandatory minimum sentence.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 2 - Handguns › Section 4-208 - Possession of Firearm at Public Demonstration

(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.
(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.
(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.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 2 - Handguns › Section 4-209 - Regulation of Weapons and Ammunition

(a)    Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:
(1)    a handgun, rifle, or shotgun; and
(2)    ammunition for and components of a handgun, rifle, or shotgun.
(b)    (1)    A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:
(i)    with respect to minors;
(ii)    with respect to law enforcement officials of the subdivision; and
(iii)    except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.
(2)    A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.
(3)    A county, municipal corporation, or special taxing district may not prohibit the transportation of an item listed in subsection (a) of this section by a person who is carrying a court order requiring the surrender of the item, if:
(i)    the handgun, rifle, or shotgun is unloaded;
(ii)    the person has notified the law enforcement unit, barracks, or station that the item is being transported in accordance with the court order; and
(iii)    the person transports the item directly to the law enforcement unit, barracks, or station.
(c)    To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.
(d)    (1)    Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.
(2)    A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 3 - Assault Weapons and Detachable Magazines › Section 4-303 - Assault Weapons -- Prohibited

(a)    Except as provided in subsection (b) of this section, a person may not:
(1)    transport an assault weapon into the State; or
(2)    possess, sell, offer to sell, transfer, purchase, or receive an assault weapon.
(b)    (1)    A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before August 1, 1994, may:
(i)    continue to possess and transport the assault pistol; or
(ii)    while carrying a court order requiring the surrender of the assault pistol, transport the assault pistol directly to a law enforcement unit, barracks, or station, a State or local law enforcement agency, or a federally licensed firearms dealer, as applicable, if the person has notified a law enforcement unit, barracks, or station that the person is transporting the assault pistol in accordance with a court order and the assault pistol is unloaded.
(2)    A licensed firearms dealer may continue to possess, sell, offer for sale, or transfer an assault long gun or a copycat weapon that the licensed firearms dealer lawfully possessed on or before October 1, 2013.
(3)    A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may:
(i)    possess and transport the assault long gun or copycat weapon; or
(ii)    while carrying a court order requiring the surrender of the assault long gun or copycat weapon, transport the assault long gun or copycat weapon directly to a law enforcement unit, barracks, or station, a State or local law enforcement agency, or a federally licensed firearms dealer, as applicable, if the person has notified a law enforcement unit, barracks, or station that the person is transporting the assault long gun or copycat weapon in accordance with a court order and the assault long gun or copycat weapon is unloaded.
(4)    A person may transport an assault weapon to or from:
(i)    an ISO 17025 accredited, National Institute of Justice–approved ballistics testing laboratory; or
(ii)    a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
(5)    A federally licensed firearms dealer may receive and possess an assault weapon received from a person in accordance with a court order to transfer firearms under § 6–234 of the Criminal Procedure Article.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 3 - Assault Weapons and Detachable Magazines › Section 4-305 - Detachable Magazines -- Prohibited

(a)    This section does not apply to:
(1)    a .22 caliber rifle with a tubular magazine; or
(2)    a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b)    A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 3 - Assault Weapons and Detachable Magazines › Section 4-305.1 - Rapid Fire Trigger Activator

(a)    Except as provided in subsection (b) of this section, a person may not:
(1)    transport a rapid fire trigger activator into the State; or
(2)    manufacture, possess, sell, offer to sell, transfer, purchase, or receive a rapid fire trigger activator.
(b)    This section does not apply to the possession of a rapid fire trigger activator by a person who:
(1)    possessed the rapid fire trigger activator before October 1, 2018;
(2)    applied to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2018, for authorization to possess a rapid fire trigger activator;
(3)    received authorization to possess a rapid fire trigger activator from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2019; and
(4)    is in compliance with all federal requirements for possession of a rapid fire trigger activator.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 3 - Assault Weapons and Detachable Magazines › Section 4-306 - Penalties

(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.
(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.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 4 - Uniform Machine Gun Act › Section 4-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Crime of violence” means:
(i)    murder in any degree;
(ii)    manslaughter;
(iii)    kidnapping;
(iv)    rape in any degree;
(v)    assault in the first degree;
(vi)    robbery under § 3–402 or § 3–403 of this article;
(vii)    burglary in any degree;
(viii)    home invasion under § 6–202(b) of this article;
(ix)    escape in the first degree; or
(x)    theft.
(2)    “Crime of violence” includes an attempt to commit a crime listed in paragraph (1) of this subsection.
(c)    “Machine gun” means a loaded or unloaded weapon that is capable of automatically discharging more than one shot or bullet from a magazine by a single function of the firing device.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 4 - Uniform Machine Gun Act › Section 4-402 - Possession of Machine Gun

(a)    The presence of a machine gun in a room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle.
(b)    This subtitle does not prohibit or interfere with:
(1)    the manufacture, sale, and transportation of a machine gun for or to a military force or peace officer of the United States, a state, or a political subdivision of a state;
(2)    the possession of a machine gun for a scientific purpose;
(3)    the possession, as a curiosity, ornament, or keepsake, of a machine gun that cannot be used as a weapon;
(4)    the possession of a machine gun for a purpose that is manifestly not aggressive or offensive; or
(5)    the transportation of a lawfully possessed machine gun by a person who is carrying a court order requiring the surrender of the machine gun, if:
(i)    the machine gun is unloaded;
(ii)    the person has notified the law enforcement unit, barracks, or station that the machine gun is being transported in accordance with the court order; and
(iii)    the person transports the machine gun directly to the law enforcement unit, barracks, or station.
(c)    (1)    A court may issue a warrant to search for and seize a machine gun possessed in violation of this subtitle under the same procedure as for issuance of a warrant for stolen property.
(2)    On application by the State’s Attorney, a court may order the confiscation or destruction of a legally seized machine gun or the transfer of the machine gun to a peace officer of the State or a political subdivision of the State.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 4 - Uniform Machine Gun Act › Section 4-403 - Registration of Machine Gun

(a)    (1)    A manufacturer of a machine gun shall keep a register of each machine gun manufactured or handled by the manufacturer.
(2)    The register shall contain:
(i)    the method of manufacture and serial number of the machine gun;
(ii)    the date of manufacture, sale, loan, gift, delivery, and receipt of the machine gun from the manufacturer; and
(iii)    the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom the machine gun was received, and the purpose for which the machine gun was acquired.
(3)    A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(b)    (1)    On demand, a manufacturer of a machine gun shall allow a marshal, sheriff, or police officer to inspect the manufacturer’s entire stock of machine guns, parts, and supplies and the register required under subsection (a) of this section.
(2)    A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(c)    (1)    A person who acquires a machine gun shall register the machine gun with the Secretary of  State Police:
(i)    within 24 hours after acquiring the machine gun; and
(ii)    in each succeeding year during the month of May.
(2)    The Secretary of State Police shall prepare and, on request of an applicant, furnish an application form for registration under this subsection.
(3)    An application for registration shall contain:
(i)    the make, model, serial number, caliber, type, barrel length, finish, and country of origin of the machine gun;
(ii)    the name, address, race, gender, date of birth, Maryland driver’s license number, and occupation of the person in possession of the machine gun; and
(iii)    the name of the person from whom the machine gun was acquired and the purpose for acquiring the machine gun.
(4)    Each application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable registration fee of $10.
(5)    Registration data provided under this section is not open to public inspection.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 4 - Uniform Machine Gun Act › Section 4-404 - Use of Machine Gun in Crime of Violence

(a)    A person may not use or possess a machine gun in the commission or attempted commission of a crime of violence.
(b)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 4 - Uniform Machine Gun Act › Section 4-405 - Use of Machine Gun for Aggressive Purpose

(a)    Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when:
(1)    the machine gun:
(i)    is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun is found;
(ii)    is in the possession of, or used by, an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any state or federal court of the United States; or
(iii)    is not registered as required under § 4-403 of this subtitle; or
(2)    empty or loaded shells that have been used or are susceptible of being used in the machine gun are found in the immediate vicinity of the machine gun.
(b)    A person may not possess or use a machine gun for an offensive or aggressive purpose.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years.
(d)    A person who violates this section is subject to § 5-106(b) of the Courts Article.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 5 - Destructive Devices › Section 4-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Destructive device” means explosive material, incendiary material, or toxic material that is:
(i)    combined with a delivery or detonating apparatus so as to be capable of inflicting injury to persons or damage to property; or
(ii)    deliberately modified, containerized, or otherwise equipped with a special delivery, activation, or detonation component that gives the material destructive characteristics of a military ordnance.
(2)    “Destructive device” includes a bomb, grenade, mine, shell, missile, flamethrower, poison gas, Molotov cocktail, pipe bomb, and petroleum-soaked ammonium nitrate.
(c)    (1)    “Explosive material” means material that explodes when detonated and has a destructive capability.
(2)    “Explosive material” includes:
(i)    explosives as defined in § 11-101 of the Public Safety Article; and
(ii)    dynamite for construction work, ammonium nitrate, natural gas in pipelines or storage tanks, ether, and cannisterized oxygen for health care facilities.
(3)    “Explosive material” does not include items excluded from explosives in § 11-101 of the Public Safety Article when the items are used in their original configuration.
(d)    (1)    “Incendiary material” means a flammable or combustible liquid.
(2)    “Incendiary material” includes gasoline, acetone, benzene, butane, jet fuel, fuel oil, kerosene, and diesel fuel.
(e)    (1)    “Toxic material” means material that is capable of causing death or serious bodily injury almost immediately on being absorbed through the skin, inhaled, or ingested.
(2)    “Toxic material” includes:
(i)    nerve gas, mustard gas, cyanide gas, chlorine gas, sulphuric acid, or their precursors; and
(ii)    a biological substance containing a disease organism or microorganism.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 5 - Destructive Devices › Section 4-502 - Scope of Subtitle

This subtitle does not apply to:
(1)    a member of the armed forces of the United States or of the National Guard or law enforcement personnel of the United States, the State, or a political subdivision of the State while acting within the scope of official duties;
(2)    an officer or employee of the United States, the State, or a political subdivision of the State who is authorized to handle a destructive device within the scope of official duties and who is acting within the scope of those duties;
(3)    a person authorized by law to possess explosive material, incendiary material, or toxic material who is acting within the scope of authority if the possession of the material is specifically regulated or licensed by law; or
(4)    a person who possesses smokeless or black gunpowder under Title 11, Subtitle 1 of the Public Safety Article and uses the gunpowder for loading or reloading small arms ammunition, antique firearms, or replicas of antique firearms.
2023 Maryland Statutes › Criminal Law › Title 4 - Weapon Crimes › Subtitle 5 - Destructive Devices › Section 4-503 - Manufacture or Possession of Destructive Device

(a)    A person may not knowingly:
(1)    manufacture, transport, possess, control, store, sell, distribute, or use a destructive device; or
(2)    possess explosive material, incendiary material, or toxic material with intent to create a destructive device.
(b)    (1)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $250,000 or both.
(2)    A sentence imposed under this subsection may be separate from and consecutive to or concurrent with a sentence for a crime based on the act or acts establishing the violation of this section.
(3)    In addition to any other penalty authorized by law, if the person convicted or found to have committed a delinquent act under this section is a minor, the court may order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of the minor for a specified period not to exceed:
(i)    for a first violation, 6 months; and
(ii)    for each subsequent violation, 1 year or until the person is 21 years old, whichever is longer.
(c)    (1)    In addition to any penalty provided in subsection (b) of this section, a person convicted or found to have committed a delinquent act under this section may be ordered by the court to pay restitution to:
(i)    the State, county, municipal corporation, bicounty agency, multicounty agency, county board of education, public authority, or special taxing district for actual costs reasonably incurred due to a violation of this section, including the search for, removal of, and damages caused by a destructive device; and
(ii)    the owner or tenant of a property for the actual value of any goods, services, or income lost as a result of the evacuation of the property or damage sustained due to a violation of this section.
(2)    (i)    If a person convicted or found to have committed a delinquent act under this section is a minor, the court may order the minor, the minor’s parent, or both to pay the restitution described in paragraph (1) of this subsection.
(ii)    Except as otherwise provided in this section, the provisions of Title 11, Subtitle 6 of the Criminal Procedure Article apply to an order of restitution under this paragraph.
(3)    This subsection does not limit the right of a person to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 1 - Definitions; General Provisions › Section 5-102 - Legislative Findings and Purpose of Title

(a)    The General Assembly finds that:
(1)    many of the substances listed in this title have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the State; but
(2)    the illegal manufacture, distribution, possession, and administration of controlled dangerous substances have a substantial and detrimental effect on the health and general welfare of the people of the State.
(b)    (1)    The purpose of this title is to establish a uniform law to control the manufacture, distribution, possession, and administration of controlled dangerous substances and related paraphernalia to:
(i)    ensure their availability for legitimate medical and scientific purposes; but
(ii)    prevent their abuse, which results in a serious health problem to the individual and represents a serious danger to the welfare of the people of the State.
(2)    This title shall be liberally construed to accomplish this purpose.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 1 - Definitions; General Provisions › Section 5-103 - Scope of Title

(a)    (1)    Subject to paragraph (2) of this subsection, this title does not apply to the sale of a prescription drug:
(i)    made to an authorized provider; or
(ii)    made by a manufacturer, wholesale distributor, or pharmacist licensed by the State to:
1.    another manufacturer, wholesale distributor, or pharmacist licensed by the State; or
2.    a hospital or institution that operates a dispensary in which an authorized provider licensed to administer prescription drugs is in charge.
(2)    A sale is exempt from this title only if a record of the sale:
(i)    is maintained and available for inspection; and
(ii)    shows the date of sale, the name and address of the purchaser, and the quantity purchased.
(b)    This title does not apply to:
(1)    the distribution of a prescription drug, device, or supply for the treatment, care, or cure of farm animals, poultry, fowl, or other animals used in furtherance of farming activities;
(2)    the sale or offering for sale, or the distribution of seeds, feed for livestock and poultry, fertilizers, lime, land plaster, fungicides, and insecticides; or
(3)    a drug that on June 1, 1961, could be sold without a prescription.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 2 - Powers and Responsibilities of Department › Section 5-201 - Enforcement of Title

(a)    The Department, those of its officers, agents, inspectors, and representatives whom the Secretary designates, and each police officer and State’s Attorney in the State shall:
(1)    enforce the provisions of this title that are not specifically delegated; and
(2)    cooperate with each unit that enforces any federal, state, or local law relating to controlled dangerous substances.
(b)    The Department may:
(1)    arrange for the exchange of information between governmental officials concerning the use and abuse of dangerous substances;
(2)    coordinate and cooperate in training programs on dangerous substance law enforcement at the local and State levels;
(3)    eradicate wild or unlawfully grown plants from which controlled dangerous substances may be extracted; and
(4)    cooperate with the federal Drug Enforcement Administration by establishing a centralized unit that will:
(i)    accept, catalogue, file, and collect statistics obtained from law-enforcement units, including records of drug dependent persons convicted of drug crimes and of other offenders who violate dangerous substance laws in the State; and
(ii)    make the statistics available for federal, State, and local law-enforcement purposes.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 2 - Powers and Responsibilities of Department › Section 5-202 - Control of Substances

(a)    The Department shall control all substances listed in Subtitle 4 of this title.
(b)    In accordance with the Administrative Procedure Act, the Department may add a substance as a controlled dangerous substance on its own initiative or on the petition of an interested party.
(c)    To determine whether to add a substance as a controlled dangerous substance, the Department shall consider:
(1)    the actual or relative potential for abuse of the substance;
(2)    if known, scientific evidence of the pharmacological effect of the substance;
(3)    the state of current scientific knowledge regarding the substance;
(4)    the history and current pattern of abuse of the substance;
(5)    the scope, duration, and significance of abuse of the substance;
(6)    any risk that the substance poses to the public health;
(7)    the ability of the substance to cause psychological or physiological dependence; and
(8)    whether the substance is an immediate precursor of a controlled dangerous substance.
(d)    After considering the factors listed in subsection (c) of this section, the Department shall:
(1)    make findings with respect to those factors; and
(2)    issue an order to control the substance if the Department finds that the substance has a potential for abuse.
(e)    If the Department designates a substance as an immediate precursor of a controlled dangerous substance, a substance that is a precursor of the immediate precursor is not subject to control solely because it is a precursor of the immediate precursor.
(f)    (1)    A new substance that is designated as a controlled substance under federal law is a similarly controlled dangerous substance under this title unless the Department objects to the inclusion.
(2)    If the Department objects, it shall publish the reasons for the objection and give each interested party an opportunity to be heard.
(3)    After the hearing, the Department shall publish its decision, which is final.
(4)    An action for judicial review of a final decision made in accordance with this section does not stay the effect of the decision.
(g)    The Department annually shall update and republish a schedule.