Section 4-402 - Possession of machine gun. - Maryland Statutes

§ 4-402. Possession of machine gun.
 

(a)  Evidence of possession.- 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)  Exceptions.- 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)  Seizure and confiscation.-  

(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. 
 

[An. Code 1957, art. 27, §§ 376, 377, 380; 2002, ch. 26, § 2; 2010, ch. 712.]