Legal Opinion · Dissent

Moore v. State

Court of Appeals of Maryland

Decided December 22, 2011No. 20, September Term, 2010Published

1DissentBell, C.J.

joins.

The majority, relying on the plain language of Maryland Code (2008, 2011 Supp.) § 5-133(c) of the Public Safety Article,1 the statute at issue, proscribing possession of a regulated firearm by a disqualified person, concludes that a handgun need not be operable to be considered a “firearm,” as defined *142in § 5-101(h)2 of that Article. The majority, in so concluding, assumes a fact that simply does not exist, that there is a uniform definition of firearm, which applies to the construction of § 5-133(c). There are, however, conflicting definitions of the term, “firearm,” one of which the…

2Cases cited21 opinions

  1. Police Commissioner v. DowlingCourt of Appeals of Maryland · 1977
  2. Farmers & Merchants National Bank v. SchlossbergCourt of Appeals of Maryland · 1986
  3. Baltimore Harbor Charters, Ltd. v. AydCourt of Appeals of Maryland · 2001
  4. Taxiera v. MalkusCourt of Appeals of Maryland · 1990
  5. Howell v. StateCourt of Appeals of Maryland · 1976

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API