SB 53 ??

[t3tech]

Introduced by Senator Haines, bold text is to be added, bracketed/italicized is to be removed.

4–204.
(1) IN THIS SECTION, “FIREARM” MEANS:

(a)

(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 [an antique firearm capable of being concealed on the person or any handgun] 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 [antique firearm or handgun] FIREARM is operable or inoperable at the time of the crime.
[(b)] (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.​

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2009.

What exactly is supposed to be the purpose of this?

The re-definition looks quite amatuer and doesn't seem to make much sense... a frame or receiver would be considered a "firearm" for purposes of this section? Why?

Besides this is Subtitle II (Handguns) of Weapon Crimes, why are we trying to include shotguns and rifles into the definition of handgun? Granted the already somewhat contradictory definition includes short barreled rifles and shotguns.

§ 4-201 (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.

If the idea is to include all firearms under the penalty of "use in the commission of a felony" shouldn't that just be introduced as a new subtitle, and removing that section from 'handguns' altogether?

As a side note, I never noticed that the penalty for that is a minimum 5yrs and it's considered a misdemeanor. 5-20 years and misdemeanor just doesn't seem to go together somehow.

 

[novus collectus]

MD has a wierd system of misdemeanor/felony classifications, but on the reverse a number of states seem to have adopted a system of varying classifications of felonies that even include some petty stuff that I would not call a felony.

 

[4xFord]

If there is a way to check the news archives from WJX ch 13 a few weeks back, I think it has something to do with domestic violence and the removal of all guns in the household instead of just certain definitions. I could be wrong but there was a news story on it on WJZ.

 

[Jim Sr]

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets]indicate matter deleted from existing law.

SENATE BILL 53
E1 9lr1017
SB 244/08 – JPR (PRE–FILED) CF 9lr1032
By: Senator Haines
Requested: November 17, 2008
Introduced and read first time: January 14, 2009
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning
Criminal Law – Use of Firearm in the Commission of a Crime of Violence or a Felony
FOR the purpose of prohibiting the use of certain firearms in the commission of certain crimes of violence or felonies; defining a certain term; and generally relating to the use of certain firearms in the commission of certain crimes of violence or felonies.
BY repealing and reenacting, with amendments, Article – Criminal Law Section 4–204 Annotated Code of Maryland
(2002 Volume and 2008 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
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 [an antique firearm capable of being concealed on the person or any handgun]A FIREARMin the commission of a crime of violence, as defined in § 5–101 of the Public Safety Article, or any felony, whether the [antique firearm or handgun]FIREARMis operable or inoperable at the time of the crime.
[(b)](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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2009.