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Session Laws, 2003
Volume 799, Page 261   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

(4) A FIREARM THAT CANNOT:

(I)      DISCHARGE A PROJECTILE BY AN EXPLOSIVE; AND

(II)     BE READILY RESTORED TO A FIRING CONDITION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 481C(a)(6).

This section is revised as an exclusion of certain types of weapons from the
scope of this subtitle rather than as parts of the definitions of
"short-barreled rifle" and "short-barreled shotgun" for clarity.

In item (4)(i) of this section, the reference to a "projectile" is substituted for
the former reference to a "shot" to conform to the terminology used in CR §
4-201. See also § 5-101(h) of this title.

Defined terms: "Short-barreled rifle" § 5-201
"Short-barreled shotgun" § 5-201

5-203. POSSESSION OF SHORT-BARRELED RIFLE OR SHORT-BARRELED SHOTGUN.

(A)     PROHIBITED...

A PERSON MAY NOT POSSESS A SHORT-BARRELED RIFLE OR SHORT-BARRELED
SHOTGUN UNLESS:

(1)      THE PERSON, WHILE ON OFFICIAL BUSINESS IS:

(I)      A MEMBER OF THE LAW ENFORCEMENT PERSONNEL OF THE
FEDERAL GOVERNMENT, THE STATE, OR A POLITICAL SUBDIVISION OF THE STATE;

(II)     A MEMBER OF THE ARMED FORCES OF THE UNITED STATES OR
THE NATIONAL GUARD WHILE ON DUTY OR TRAVELING TO OR FROM DUTY;

(III)   A MEMBER OF THE LAW ENFORCEMENT PERSONNEL OF
ANOTHER STATE OR A POLITICAL SUBDIVISION OF ANOTHER STATE, WHILE
TEMPORARILY IN THIS STATE;

(IV)    A WARDEN OR CORRECTIONAL OFFICER OF A CORRECTIONAL
FACILITY IN THE STATE; OR

(V)     A SHERIFF OR A TEMPORARY OR FULL-TIME DEPUTY SHERIFF;
AND

(2)      THE SHORT-BARRELED SHOTGUN OR SHORT-BARRELED RIFLE HAS
BEEN REGISTERED WITH THE FEDERAL GOVERNMENT IN ACCORDANCE WITH
FEDERAL LAW.

(B)     BURDEN OF PROOF.

IN A PROSECUTION UNDER THIS SECTION, THE DEFENDANT HAS THE BURDEN
OF PROVING THE LAWFUL REGISTRATION OF THE SHORT-BARRELED SHOTGUN OR
SHORT-BARRELED RIFLE.

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Session Laws, 2003
Volume 799, Page 261   View pdf image
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