Section 4-405 - Use of machine gun for aggressive purpose. - Maryland Statutes

§ 4-405. Use of machine gun for aggressive purpose.
 

(a)  Presumption of offensive or aggressive purpose.- Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when: 

(1) the machine gun: 

(i) is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun is found; 

(ii) is in the possession of, or used by, an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any state or federal court of the United States; or 

(iii) is not registered as required under § 4-403 of this subtitle; or 

(2) empty or loaded shells that have been used or are susceptible of being used in the machine gun are found in the immediate vicinity of the machine gun. 

(b)  Prohibited.- A person may not possess or use a machine gun for an offensive or aggressive purpose. 

(c)  Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years. 

(d)  Statute of limitations and in banc review.- A person who violates this section is subject to § 5-106(b) of the Courts Article. 
 

[An. Code 1957, art. 27, §§ 374, 375; 2002, ch. 26, § 2.]