Section 4-208 - Possession of firearm at public demonstration. - Maryland Statutes

§ 4-208. Possession of firearm at public demonstration.
 

(a)  Definitions.-  

(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)  Prohibited.-  

(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)  Penalty.- 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. 
 

[An. Code 1957, art. 27, § 36G(a)(1)-(5), (7), (b), (c); 2002, ch. 26, § 2; 2003, ch. 17.]