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In Re: Colby H., No. 56, September Term, 2000 Headnote: Generally, a person in possession of a legal dangerous and deadly weapon may conceal or store it so long as they are on property, which they own, are a legal resident of, or are present as an invited guest if the owner has knowledge of the possession of the weapon. In the present case, the evidence presented is insufficient to establish "wearing and carrying" of a dangerous or deadly weapon in violation of Maryland Code (1957, 1996 Repl. vol.), Article 27, section 36, where the evidence presented proves merely that the police found a shotgun under a mattress in the room in which petitioner resided and that the shotgun had been earlier purchased elsewhere. Accordingly, we reverse the ruling of the Court of Special Appeals and remand the case to that court with instructions to vacate the judgment of the Circuit Court for Baltimore City.

Circuit Court for Baltimore City - Division for Juvenile Causes Case # 698363004

IN THE COURT OF APPEALS OF MARYLAND No. 56 September Term, 2000

IN RE: COLBY H.

Bell, C. J. Eldridge Raker Wilner Cathell Harrell Rodowsky, Lawrence F., retired, specially assigned, JJ.

Opinion by Cathell, J. Raker, Harrell and Rodowsky, JJ., concur in Part One of the Opinion and in the Result

Filed: February 12, 2001

On December 29, 1998, a petition was filed by the State's Attorney for Baltimore City alleging that petitioner, Colby H., was a delinquent child based upon four alleged firearm violations.1 On January 15, 1999, an adjudicatory hearing was held before a master for the Circuit Court for Baltimore City where the master made a finding of fact that petitioner was involved in one of the four counts against him2 -- carrying a concealed weapon in violation of Maryland Code (1957, 1996 Repl. Vol.), Article 27, section 36.3 On February 9, 1999, a disposition hearing was held by the master at which time it was recommended that petitioner be placed on probation to the Maryland Department of Juvenile Justice for an indefinite period.4

Petitioner filed a Notice of Exceptions on February 11, 1999. On March 8, 1999, these exceptions were heard by a judge in the Circuit Court for Baltimore City. At that hearing, the court held its decision sub curia so that it could listen to the recording of the master's adjudicatory hearing. On April 16, 1999, after listening to the recording, the court overruled petitioner's exceptions. A timely appeal to the Court of Special Appeals was noted on May 3, 1999. In an unreported decision filed April 17, 2000, the Court of Special Appeals upheld the trial court's delinquency finding. We granted petitioner's Writ of

1

At the time of the alleged violations, petitioner was fourteen years of age.

Petitioner was also charged with possession of a firearm while under the age of 21 in violation of Maryland Code (1957, 1996 Repl. Vol. 2000 Cum. Supp.), Article 27, section 445 (e), possession of ammunition while under the age of 21 in violation of Article 27, section 445 (e), and carrying a shotgun with a barrel of over fourteen inches in violation of Article 19, section 97 of the Baltimore City Code (currently codified as Baltimore City Code (2000), Article 19, section 59.1). The juvenile master found facts not sustained on these three counts. All future references to Article 27, section 36 are references to Maryland Code (1957, 1996 Repl. Vol.), Article 27, section 36. Petitioner was also instructed to continue receiving drug and alcohol counseling and remain in the education program in which he was already enrolled.
4 3

2

Certiorari to answer one question: Is the evidence sufficient to establish "wearing and carrying" of a dangerous or deadly weapon in violation of Md. Ann. Code, Art. 27,

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