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§ 4-405. Use of machine gun for aggressive purpose

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 4. Weapon Crimes
Subtitle 4. Uniform Machine Gun Act (Refs & Annos)
MD Code, Criminal Law, § 4-405
Formerly cited as MD CODE Art. 27, § 374; MD CODE Art. 27, § 375
§ 4-405. Use of machine gun for aggressive purpose
Currentness
Presumption of offensive or aggressive purpose
(a) Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when:
(1) the machine gun:
(i) is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun is found;
(ii) is in the possession of, or used by, an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any state or federal court of the United States; or
(iii) is not registered as required under § 4-403 of this subtitle; or
(2) empty or loaded shells that have been used or are susceptible of being used in the machine gun are found in the immediate vicinity of the machine gun.
Prohibited
(b) A person may not possess or use a machine gun for an offensive or aggressive purpose.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years.
Statute of limitations and in banc review
(d) A person who violates this section is subject to § 5-106(b) of the Courts Article.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.
Formerly Art. 27, §§ 374, 375.
MD Code, Criminal Law, § 4-405, MD CRIM LAW § 4-405
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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