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Statutes Text

Article - Criminal Law




§4–204.

    (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.



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