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Maryland Code, Criminal Law 4-104

Maryland Code > Criminal Law > § 4-104


Current as of: 2010

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