Current with changes from the 2024 Legislative Session
Section 4-402 - Possession of machine gun(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.