<?xml version='1.0' encoding='utf-8'?>
<unit kind="division" number="18" name="Gun Offender Registration" slug="division-18" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV18GUOFRE">
  <section number="14-188" name="Definitions" law="code" slug="sec-14-188" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV18GUOFRE_S14-188DE">
    <level label="a">
      <text>For purposes of this Division, the following words and phrases shall mean:</text>
      <level label="1">
        <text>Convicted means:</text>
        <level label="A">
          <text>having been found guilty of a gun offense by a jury or judicial officer;</text>
        </level>
        <level label="B">
          <text>the acceptance of a plea of guilty or nolo contendere for a gun offense;</text>
        </level>
        <level label="C">
          <text>having been granted a probation before judgment after a finding of guilt for a gun offense, if the court orders compliance with this Subtitle as a condition of probation; or</text>
        </level>
        <level label="D">
          <text>having been found not criminally responsible for a gun offense.</text>
        </level>
      </level>
      <level label="2">
        <text>Correctional facility means a facility that is operated for the purpose of detaining or confining adults who are charged with or found guilty of a crime.</text>
      </level>
      <level label="3">
        <text>Gun offender means any person who is convicted of a gun offense in the Circuit Court for Prince George's County or the District Court of Maryland for Prince George's County. Gun offender shall not include a person whose conviction for a gun offense has been reversed on appeal or otherwise set aside pursuant to law or who has been pardoned by the Governor.</text>
      </level>
      <level label="4">
        <text>Gun offense means:</text>
        <level label="A">
          <text>a violation of the Annotated Code of Maryland, Criminal Law Article, Sections 3-204 (Reckless endangerment - discharge of a firearm), 4-104 (Child's access to firearms), 4-203 (Wearing, carrying, or transporting handgun), 4-204 (Use of handgun or antique firearm in commission of crime), 4-303 (Assault pistols - Prohibited), 4-404 (Use of machine gun in crime of violence), 4-405 (Use of machine gun for aggressive purpose), 5-621 (Crimes involving controlled dangerous substances and paraphernalia - Use of weapon as separate crime), or 5-622 (Firearm crimes);</text>
        </level>
        <level label="B">
          <text>a violation of the Annotated Code of Maryland, Public Safety Article, Sections 5-133(b) (Possession of regulated firearm prohibited), 5-133(c) (Restrictions on possession of regulated firearms - Penalty for possession by person convicted of crime of violence), 5-133(d) (Possession by person under age of 21 years prohibited), 5-138 (Sale, transfer, or disposal of stolen regulated firearm prohibited), 5-140 (Transporting regulated firearm for unlawful sale or trafficking), 5-142 (Removal or alteration of identification mark or number on firearm), 5-143 (Knowing participation in violation of subtitle), 5-203 (Possession of short-barreled rifle or short-barreled shotgun), 5-205 (Possession by person with mental disorder), or 5-406 (Manufacture or sale of handguns); or</text>
        </level>
        <level label="C">
          <text>a violation of Section 14-142 (Discharge of Firearms) of this Subtitle.</text>
        </level>
      </level>
      <level label="5">
        <text>Chief of Police means the Chief of Police for the Prince George's County Police Department or his designee.</text>
      </level>
    </level>
  </section>
  <section number="14-189" name="Registration" law="code" slug="sec-14-189" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV18GUOFRE_S14-189RE">
    <level label="a">
      <text>A gun offender shall register with the Chief of Police within 48 hours of:</text>
      <level label="1">
        <text>the date that the sentence is imposed, if the gun offender receives a sentence that does not include imprisonment;</text>
      </level>
      <level label="2">
        <text>the date of the gun offender's release from a correctional facility, if the gun offender receives a sentence that includes imprisonment;</text>
      </level>
      <level label="3">
        <text>the date that the probation before judgment is granted, if the gun offender is granted probation before judgment;</text>
      </level>
      <level label="4">
        <text>the date of the gun offender's release, if the gun offender is found not criminally responsible and is released; or</text>
      </level>
      <level label="5">
        <text>the date of the gun offender's discharge or conditional release from commitment to the Maryland Department of Health and Mental Hygiene, if the gun offender is found not criminally responsible and committed.</text>
      </level>
    </level>
    <level label="b">
      <text>The gun offender shall register by personally appearing at an office designated by the Chief of Police to sign and date a statement under oath, verified by whatever documentation may be required by the Chief of Police, which provides the following information:</text>
      <level label="1">
        <text>the gun offender's name;</text>
      </level>
      <level label="2">
        <text>a description of the crime for which the gun offender was convicted;</text>
      </level>
      <level label="3">
        <text>the date that the gun offender was convicted;</text>
      </level>
      <level label="4">
        <text>any other name by which the gun offender has been legally known;</text>
      </level>
      <level label="5">
        <text>a list of all aliases that the gun offender has used;</text>
      </level>
      <level label="6">
        <text>identifying factors of the gun offender, including a physical description;</text>
      </level>
      <level label="7">
        <text>the gun offender's residence or all known addresses where the gun offender resides to include telephone numbers and email addresses; and</text>
      </level>
      <level label="8">
        <text>the gun offender's place of employment.</text>
      </level>
    </level>
    <level label="c">
      <text>During the period in which a gun offender is required to register under this Section, the gun offender shall comply with the following:</text>
      <level label="1">
        <text>within twenty (20) calendar days after each six (6) month anniversary of a gun offender's initial registration, the gun offender shall personally appear at the office designated by the Chief of Police to verify and update, as appropriate, the contents of the registration. If the gun offender is confined to any correctional facility, hospital, or institution throughout the twenty (20) day period, the gun offender shall personally appear at an office designated by the Chief of Police, within 48 hours of release, to verify and update, as appropriate, the contents of the registration.</text>
      </level>
      <level label="2">
        <text>within ten (10) calendar days after establishing or changing a residence or employment, a gun offender shall personally appear at an office designated by the Chief of Police or subject to arrangements designated in the rules and regulations to update the contents of the registration.</text>
      </level>
      <level label="3">
        <text>The Chief of Police shall photograph the gun offender and require the gun offender to provide such documentation as the Chief considers acceptable to verify the information provided in Subsection (b).</text>
      </level>
    </level>
    <level label="d">
      <text>Notwithstanding termination of parole or probation, the gun offender shall verify the contents of the registration form for a period of three (3) years from the date of the gun offender's initial registration. Notwithstanding termination of parole or probation, if the gun offender violated Section 4-204 (Use of handgun or antique firearm in commission of crime) of the Annotated Code of Maryland, Criminal Law Article, the gun offender shall verify the contents of the registration form for a period of five (5) years from the date of the gun offender's initial registration.</text>
    </level>
    <level label="e">
      <text>The Chief of Police may make the information collected under this Section available to any federal, state, or local law enforcement agency.</text>
    </level>
    <level label="f">
      <text>The Chief of Police shall promulgate rules and regulations, subject to County Council approval by resolution, which shall govern the implementation and administration of this Section.</text>
    </level>
  </section>
  <section number="14-190" name="Penalties" law="code" slug="sec-14-190" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_14MOCO_DIV18GUOFRE_S14-190PE">
    <text>Any person who violates any provision of this Division or of the rules and regulations established pursuant to this Division, including knowingly failing to register, verify, update information in the manner and within the time periods provided for in this Division, or providing false information in the registration form or verification, shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not exceeding twelve (12) months, or both such fine and imprisonment. Each day that a violation continues is a separate offense.</text>
  </section>
</unit>
