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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
Currentness
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 April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document