Section 4-104 - Child's access to firearms. - Maryland Statutes

§ 4-104. Child's access to firearms.
 

(a)  Definitions.-  

(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) "Child" means an individual under the age of 16 years. 

(4) (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)  Exceptions.- This section does not apply if: 

(1) the child's access to a firearm is supervised by an individual at least 18 years old; 

(2) the child'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 child has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article. 

(c)  Prohibited.- A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm. 

(d)  Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. 

(e)  Effect of violation.-  

(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. 
 

[An. Code 1957, art. 27, § 36K; 2002, ch. 26, § 2.]