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Statutes Text

Article - Criminal Law


    (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.

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