2016 Maryland Code
Criminal Law
Title 4 - Weapon Crimes
Subtitle 2 - Handguns
§ 4-201. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

** REVISOR'S NOTE

This subsection is new language patterned after present Art. 27, § 36F(a).

(b) Antique firearm. -- "Antique firearm" means:

(1) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar ignition system, manufactured before 1899; or

(2) a replica of a firearm described in item (1) of this subsection that:

(i) is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or

(ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 36F(c).

** REVISOR'S NOTE

In item (1) of this subsection, the conjunction "or" is substituted for the former conjunction "and" to clarify that "antique firearm" means either a firearm described in item (1) or a replica of a firearm described in item (2) of this subsection but not necessarily both.

** REVISOR'S NOTE

Also in item (1) of this subsection, the former reference to a similar "type"' of ignition system is deleted as surplusage.

(c) Handgun. --

(1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.

(2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.

(3) "Handgun" does not include a shotgun, rifle, or antique firearm.

** REVISOR'S NOTE

This subsection is new language patterned after present Art. 27, § 36F(b).

** REVISOR'S NOTE

In paragraphs (2) and (3) of this subsection, the former phrases "as these terms are defined below," and "as those terms are defined below" are deleted as surplusage.

** DEFINED TERM:

"Person" § 1-101

**

(d) Law enforcement official. -- "Law enforcement official" means: **

(1) a full-time member of a police force or other unit of the United States, a state, a county, a municipal corporation, or other political subdivision of a state who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, a state, a county, a municipal corporation, or other political subdivision of a state; **

(2) a part-time member of a police force of a county or municipal corporation who is certified by the county or municipal corporation as being trained and qualified in the use of handguns; **

(3) a fire and explosive investigator of the Prince George's County Fire/EMS Department as defined in § 2-208.3 of the Criminal Procedure Article; **

(4) a Montgomery County fire and explosive investigator as defined in § 2-208.1 of the Criminal Procedure Article; **

(5) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2-208.2 of the Criminal Procedure Article; **

(6) a Worcester County fire and explosive investigator as defined in § 2-208.4 of the Criminal Procedure Article; or **

(7) a City of Hagerstown fire and explosive investigator as defined in § 2-208.5 of the Criminal Procedure Article.

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 36F(i).

REVISOR'S NOTE

In items (1) and (2) of this subsection, the references to a "municipal corporation" are substituted for the former references to a "municipality" for consistency with Md. Constitution, Art. XI-E.

REVISOR'S NOTE

In item (1) of this subsection, the reference to a "unit" is substituted for the former reference to an "agency" for consistency within this article. See General Revisor's Note to article.

REVISOR'S NOTE

Also in item (1) of this subsection, the references to a political subdivision "of a state" are added for clarity.

REVISOR'S NOTE

In item (2) of this subsection, the conjunction "or" is substituted for the former conjunction "and" to clarify that "law enforcement official" means any individual described in item (1), (2), or (3) of this section.

"County" § 1-101

"State" § 1-101

**

(e) Rifle. -- "Rifle" means a weapon that is: **

(1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and **

(2) designed or redesigned, and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 36F(d). **

(f) Short-barreled rifle. -- "Short-barreled rifle" means: **

(1) a rifle that has one or more barrels less than 16 inches long; or**

(2) a weapon that has an overall length of less than 26 inches and that was made from a rifle, whether by alteration, modification, or otherwise.

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 36F(f).

REVISOR'S NOTE

In item (1) of this subsection, the conjunction "or" is substituted for the former conjunction "and" to clarify that "short-barreled rifle" means either the rifle described in item (1) of this subsection or the weapon described in item (2) of this subsection.

"Rifle" § 4-201

**

(g) Short-barreled shotgun. -- "Short-barreled shotgun" means: **

(1) a shotgun that has one or more barrels less than 18 inches long; or **

(2) a weapon that has an overall length of less than 26 inches long and was made from a shotgun, whether by alteration, modification, or otherwise.

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 36F(e).

REVISOR'S NOTE

In item (1) of this subsection, the conjunction "or" is substituted for the former conjunction "and" to clarify that "short-barreled shotgun" means either the shotgun described in item (1) of this subsection or the weapon described in item (2) of this subsection, but not necessarily both. **

(h) Shotgun. -- "Shotgun" means a weapon that is: **

(1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and **

(2) designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore one or more projectiles for each pull of the trigger.

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 36F(g).

REVISOR'S NOTE

In item (2) of this subsection, the reference to "one or more projectiles" is substituted for the former reference to "either a number of ball shot or a single projectile" for clarity. **

(i) Vehicle. -- "Vehicle" means a motor vehicle as defined in Title 11, Subtitle 1 of the Transportation Article, a train, an aircraft, or a vessel.

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 36F(k).

REVISOR'S NOTE

The reference to "Subtitle 1" of Title 11 of the Transportation Article is added for clarity since Subtitle 1 contains the definitions for that title.

REVISOR'S NOTE

The references to "a train", "an aircraft", and "'a vessel" are substituted for the former references to "trains", "aircraft", and "vessels" in light of Art. 1, § 8, which provides that the singular generally includes the plural.

REVISOR'S NOTE

The conjunction "or" is substituted for the former conjunction "and" for clarity.