Maryland Criminal Law Section 4-104

Article - Criminal Law

§ 4-104.

      (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.

            (2)      A party, witness, or lawyer may not refer to a violation of this section during a trial of a civil action that involves property damage, personal injury, or death.



This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.