§ 59-5. Illegal carrying, etc., of handguns.

(a) "Handgun" defined.

In this section, "handgun" means a firearm, as defined in State Public Safety Article § 5-101(h), the barrel of which is 14 inches or under in length.

(b) Carrying prohibited.

A person may not:

(1) wear, carry, or knowingly transport a handgun, whether concealed or open, on or about the person within 100 yards of, or in, a:

(i) park;

(ii) church;

(iii) school;

(iv) public building; or

(v) other place of public assembly;

(2) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road within 100 yards of a:

(i) park;

(ii) church;

(iii) school;

(iv) public building; or

(v) other place of public assembly; or

(3) wear, carry, or knowingly transport a handgun in connection with the commission of a crime against a person or property, within 100 yards of, or in, a:

(i) park;

(ii) church;

(iii) school;

(iv) public building; or

(v) other place of public assembly.

The finder of fact may infer that a person who transports a handgun in violation of this section transports the handgun knowingly.

(d) Exceptions.

This section does not prohibit the wearing, carrying, or transporting of a handgun by a person covered by an exception in State Criminal Law Article § 4-203(b).

(e) Penalties.

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the following penalties for each offense:

(i) if the handgun was worn, carried, or transported in connection with the commission of a crime against a person or property, mandatory imprisonment for 1 year and a mandatory fine of $1,000;

(ii) if the person has a previous conviction for a violation of this section or {of} State Criminal Law Article § 4-203 {"Wearing, carrying, or transporting handgun"}, mandatory imprisonment for 1 year and a mandatory fine of $1,000; or

(iii) if neither item (i) nor item (ii) of this paragraph apply, a fine of not more than $1,000 or imprisonment for not longer than 12 months or both fine and imprisonment, in the discretion of the Court.

(2) The court may not impose less than, or suspend any part of, any mandatory sentence provided in paragraph (1) of this subsection.

(3) A person who violates this section is not eligible for a probation before judgment.

(4) A person who violates this section is not eligible for parole.

(5) Each violation of this section is a separate offense.