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§ 4-402. Possession of machine gun

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2010

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 4. Weapon Crimes
Subtitle 4. Uniform Machine Gun Act (Refs & Annos)
Effective: October 1, 2010
MD Code, Criminal Law, § 4-402
Formerly cited as MD CODE Art. 27, § 376; MD CODE Art. 27, § 377; MD CODE Art. 27, § 380
§ 4-402. Possession of machine gun
Currentness
Evidence of possession
(a) The presence of a machine gun in a room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle.
Exceptions
(b) This subtitle does not prohibit or interfere with:
(1) the manufacture, sale, and transportation of a machine gun for or to a military force or peace officer of the United States, a state, or a political subdivision of a state;
(2) the possession of a machine gun for a scientific purpose;
(3) the possession, as a curiosity, ornament, or keepsake, of a machine gun that cannot be used as a weapon;
(4) the possession of a machine gun for a purpose that is manifestly not aggressive or offensive; or
(5) the transportation of a lawfully possessed machine gun by a person who is carrying a court order requiring the surrender of the machine gun, if:
(i) the machine gun is unloaded;
(ii) the person has notified the law enforcement unit, barracks, or station that the machine gun is being transported in accordance with the court order; and
(iii) the person transports the machine gun directly to the law enforcement unit, barracks, or station.
Seizure and confiscation
(c)(1) A court may issue a warrant to search for and seize a machine gun possessed in violation of this subtitle under the same procedure as for issuance of a warrant for stolen property.
(2) On application by the State's Attorney, a court may order the confiscation or destruction of a legally seized machine gun or the transfer of the machine gun to a peace officer of the State or a political subdivision of the State.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 712, § 1, eff. Oct. 1, 2010.
Formerly Art. 27, §§ 376, 377, 380.
MD Code, Criminal Law, § 4-402, MD CRIM LAW § 4-402
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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