Maryland Code

Md. Code Ann., Crim. Law § 4-204 (2026)

§ 4-204

✓ current as of May 2026

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§4–204.

    (a)    (1)    In this section, “firearm” means:

            (i)    a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or

            (ii)    the frame or receiver of such a weapon.

        (2)    “Firearm” includes an antique firearm, handgun, rifle, shotgun, short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether loaded or unloaded.

    (b)    A person may not use a firearm in the commission of a crime of violence, as defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is operable or inoperable at the time of the crime.

    (c)    (1)    (i)    A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years.

            (ii)    The court may not impose less than the minimum sentence of 5 years and, except as otherwise provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years.

        (2)    For each subsequent violation, the sentence shall be consecutive to and not concurrent with any other sentence imposed for the crime of violence or felony.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 2004–2024 · leading case: Curtin v. State, 903 A.2d 922 (Md. 2006).

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Curtin v. State, 903 A.2d 922 (Md. 2006). · cites it 4× “counts of robbery with a deadly weapon in violation of Section 3-403 of the Criminal Law Article, [2] three counts of robbery in violation of Section 3-402 of the Criminal Law Article, [3] six counts of first degree assault in violation of Section 3-202 of the Criminal Law…”

Moore v. State, 34 A.3d 513 (Md. 2011). · cites it 4× “) Criminal Law Article, § 4-203, to use a handgun in the commission of a felony or crime of violence, Article 27 § 36B (d), [7] now § 4-204 of the Criminal Law Article, and for certain persons to possess "pistols and revolvers.”

Brye v. State, 980 A.2d 435 (Md. 2009). · cites it 4× “[8] Section 4-204(a) of the Criminal Law Article provides: (a) Prohibited.”

Smith v. State, 985 A.2d 1204 (Md. 2009). · cites it 4× “" § 4-204(a) of the Criminal Law Article. Use of a handgun in the commission of a felony is a misdemeanor.”

Harrison v. State, 855 A.2d 1220 (Md. 2004). · cites it 2× “The current provisions that prohibit the use of a firearm in the commission of a felony or crime of violence reside in Maryland Code, § 4-204 of the Criminal Law Article (2002, 2003 Supp.”

Kelly v. State, 898 A.2d 419 (Md. 2006). · cites it 2× “), Article 27 § 36B, was codified as Maryland Code (2002), § 4-204 of the Criminal Law Article effective October 1, 2002.”

State v. Williams, 916 A.2d 294 (Md. 2007). · cites it 2× “), § 4-204 of the Criminal Law Article, entitled "Use of handgun or antique firearm in commission of crime” states: Prohibited (a) A person may not use an antique firearm capable of being concealed on the person or any handgun in the commission of a crime of violence, as defined…”

Gutierrez v. State, 32 A.3d 2 (Md. 2011). · cites it 2× “Code (2003) § 4-204(a) of the Criminal Law Article provides: " Prohibited.”

Curtin v. State, 884 A.2d 758 (Md. Ct. Spec. App. 2005). · cites it 2× “Code (2002), section 4-204 of the Criminal Law Article ("CL") permits prosecution for only one sentence for use of a handgun in commission of a crime.”

Cooley v. State, 867 A.2d 1065 (Md. 2005). “Code (2002), § 4-204 of the Criminal Law Article. This section was formerly codified at Md.”

Wilder v. State, 991 A.2d 172 (Md. Ct. Spec. App. 2010). “— A person may not use an antique firearm capable of being concealed on the person or any handgun in the commission of a crime of violence, as defined in § 5-101 of the Public Safety Article, or any felony, whether the antique firearm or handgun is operable or inoperable at the…”

Hubbard v. State, 909 A.2d 270 (Md. 2006). “on of Section 7-104 of the Criminal Law Article, Maryland Code (2002); one count of theft under five hundred dollars in violation of Section 7-104 of the Criminal Law Article, Maryland Code (2002); two counts of robbery in violation of Section 3-402 of the Criminal Law *78…”

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— Md. Code Ann., Crim. Law § 4-204(a) — 6 cases

Gutierrez v. State, 32 A.3d 2 (Md. 2011). “Code (2003) § 4-204(a) of the Criminal Law Article provides: " Prohibited.”

Moore v. State, 34 A.3d 513 (Md. 2011). “) Criminal Law Article, § 4-203, to use a handgun in the commission of a felony or crime of violence, Article 27 § 36B (d), [7] now § 4-204 of the Criminal Law Article, and for certain persons to possess "pistols and revolvers.”

Brye v. State, 980 A.2d 435 (Md. 2009). “[8] Section 4-204(a) of the Criminal Law Article provides: (a) Prohibited.”

Smith v. State, 985 A.2d 1204 (Md. 2009). “" § 4-204(a) of the Criminal Law Article. Use of a handgun in the commission of a felony is a misdemeanor.”

— Md. Code Ann., Crim. Law § 4-204(b) — 2 cases

Brye v. State, 980 A.2d 435 (Md. 2009). “[8] Section 4-204(a) of the Criminal Law Article provides: (a) Prohibited.”

Smith v. State, 985 A.2d 1204 (Md. 2009). “" § 4-204(a) of the Criminal Law Article. Use of a handgun in the commission of a felony is a misdemeanor.”

— Md. Code Ann., Crim. Law § 4-204(c) — 1 case

Womack v. State, 223 A.3d 1130 (Md. Ct. Spec. App. 2020).

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