Moore v. State, 424 Md. 118

Summary

The Maryland Court of Appeals held that operability is not a prerequisite for a handgun to qualify as a firearm under Maryland Public Safety Article § 5-101(h). Accordingly, an inoperable firearm may support a conviction for possession of a regulated firearm by a disqualified person under § 5-133(c). The court affirmed the judgment of the Court of Special Appeals and Moore's conviction.

Holdings

1. A weapon need not be operable to qualify as a firearm under Maryland Public Safety Article § 5-101(h), and the State therefore need not prove operability to sustain a conviction under § 5-133(c).
2. The court did not decide the sufficiency issue because operability is not an element of a § 5-133(c) offense.

Questions Presented

1. Whether proof that a handgun was operable is a prerequisite to conviction for possession of a regulated firearm by a disqualified person under Maryland Public Safety Article § 5-133(c).
2. Whether the evidence was insufficient to prove operability, assuming operability were required.

Disposition

affirmed