Baltimore, MD asked in Criminal Law for Maryland

Q: Please explain section B to me? It looks like it is only illegal to use this in the commission of a crime. Md Code 4-110

MD Crim Law Code § 4-110 (2016)

(a) "Restricted firearm ammunition"

(1) contains explosive or incendiary material designed and intended for use in a firearm; and

(2) has a core constructed, excluding traces of other substances, entirely from one or a combination of:

(i) tungsten alloys;

(ii) steel;

(iii) iron;

(iv) brass;

(v) beryllium copper;

(vi) depleted uranium; or

(vii) an equivalent material of similar density or hardness.

(b) Possession prohibited. -- A person may not, during and in relation to the commission of a crime of violence as defined in § 14-101 of this article, possess or use restricted firearm ammunition.

(c) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction

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1 Lawyer Answer
Michael Wilson McGraw
Michael Wilson McGraw
PREMIUM
Answered
  • Criminal Law Lawyer
  • Annapolis , MD
  • Licensed in Maryland

A: You're correct. Under this particular statute, it is illegal to use or possess essentially bullets, during the commission of a crime of violence. Example: If you had bullets in your possession during a robbery, but used a BB gun to commit the robbery, you could be charged under this statute. However, you could not be charged with use of a firearm in the commission of a crime violence, if it was known prior to charging, that you possessed a BB gun.

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