Md. Code Ann., Crim. Law § 4-402
Possession of machine gun
Effective Oct 1, 2010Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2010, c. 712, § 1, eff. Oct. 1, 2010.State of Maryland
- (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.
(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.
(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.
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.