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