Md. Code Ann., Crim. Law § 4-104
Child's access to firearms
Effective Oct 1, 2023Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2023, c. 622, § 1, eff. Oct. 1, 2023.State of Maryland
(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.
(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.
- (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.
- (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(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.
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.