Moore v. State
Court of Appeals of Maryland
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
- Police Commissioner v. DowlingCourt of Appeals of Maryland · 1977
- Farmers & Merchants National Bank v. SchlossbergCourt of Appeals of Maryland · 1986
- Baltimore Harbor Charters, Ltd. v. AydCourt of Appeals of Maryland · 2001
- Taxiera v. MalkusCourt of Appeals of Maryland · 1990
- Howell v. StateCourt of Appeals of Maryland · 1976
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