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§ 4-104. Child's access to firearms

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2023

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
Effective: October 1, 2023
MD Code, Criminal Law, § 4-104
Formerly cited as MD CODE Art. 27, § 36K
§ 4-104. Child's access to firearms
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.
(3)(i) “Firearm” means a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun, as those terms are defined in § 4-201 of this title, or any other firearm.
(ii) “Firearm” does not include an antique firearm as defined in § 4-201 of this title.
Exceptions
(b) This section does not apply if:
(1) the minor's access to a firearm is supervised by an individual at least 18 years old;
(2) the minor's access to a firearm was obtained as a result of an unlawful entry;
(3) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or
(4) the minor has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article.
Prohibited
(c) A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised minor has access to the firearm.
Penalty
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Effect of violation
(e)(1) A violation of this section may not:
(i) be considered evidence of negligence;
(ii) be considered evidence of contributory negligence;
(iii) limit liability of a party or an insurer; or
(iv) diminish recovery for damages arising out of the ownership, maintenance, or operation of a firearm or ammunition.
(2) A party, witness, or lawyer may not refer to a violation of this section during a trial of a civil action that involves property damage, personal injury, or death.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2023, c. 622, § 1, eff. Oct. 1, 2023.
Formerly Art. 27, § 36K.
MD Code, Criminal Law, § 4-104, MD CRIM LAW § 4-104
Current through legislation effective through June 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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