Section 4-103 - Disarming a law enforcement officer.

§ 4-103. Disarming a law enforcement officer.
 

(a)  "Law enforcement officer" defined.- In this section, "law enforcement officer" means: 

(1) a law enforcement officer who, in an official capacity, is authorized by law to make arrests; 

(2) a sheriff, deputy sheriff, or assistant sheriff; or 

(3) an employee of the Division of Correction, the Patuxent Institution, the Division of Pretrial Detention and Services, the Division of Parole and Probation, a local correctional facility, or any booking facility. 

(b)  Prohibited.- A person may not knowingly remove or attempt to remove a firearm from the possession of a law enforcement officer if: 

(1) the law enforcement officer is lawfully acting within the course and scope of employment; and 

(2) the person has knowledge or reason to know that the law enforcement officer is employed as a law enforcement officer. 

(c)  Penalty.- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. 

(d)  Sentencing.- A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation under this section. 
 

[An. Code 1957, art. 27, § 36A-1; 2002, ch. 26, § 2; ch. 213, § 6.]