Maryland Criminal Law Section 4-208

Article - Criminal Law

§ 4-208.

      (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 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.



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