ROBERT L. EHRLICH, JR., Governor                                Ch. 5

"SECRETARY' MEANS THE SECRETARY OF STATE POLICE OR THE SECRETARY'S
DESIGNEE.

REVISOR'S NOTE: This subsection formerly was Art. 27, § 36F(j).

The only changes are in style.

5-402. APPLICATION OF SUBTITLE.

(A)     MANUFACTURE AND SALE OF WEAPONS.

THIS SUBTITLE DOES NOT AFFECT A PERSON'S RIGHT TO:

(1)      MANUFACTURE, SELL, OR OFFER TO SELL A RIFLE OR OTHER
WEAPON THAT IS NOT DEFINED AS A HANDGUN IN § 4-201 OF THE CRIMINAL LAW
ARTICLE;

(2)      MANUFACTURE A PROTOTYPE HANDGUN MODEL REQUIRED FOR
DESIGN, DEVELOPMENT, TESTING, AND APPROVAL BY THE BOARD; AND

(3)      MANUFACTURE IN THIS STATE A HANDGUN THAT IS NOT ON THE
HANDGUN ROSTER BY A FEDERALLY LICENSED GUN MANUFACTURER WHO IS ALSO
LICENSED AS A REGULATED FIREARMS DEALER IN THIS STATE FOR DIRECT SALE TO
A UNIT OF:

(I) THE FEDERAL GOVERNMENT;

(II) A STATE OTHER THAN THIS STATE;

(III)   A LOCAL GOVERNMENT IN A STATE OTHER THAN THIS STATE;
OR

(IV)    A LAW ENFORCEMENT AGENCY IN A STATE OTHER THAN THIS
STATE.

(B)     STRICT LIABILITY.

(1)      A PERSON IS NOT STRICTLY LIABLE FOR DAMAGES FOR INJURIES TO
ANOTHER THAT RESULT FROM THE CRIMINAL USE OF A FIREARM BY A THIRD
PERSON.

(2)      PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY IF THE
PERSON CONSPIRED WITH THE THIRD PERSON TO COMMIT THE CRIMINAL ACT IN
WHICH THE FIREARM WAS USED OR WILLFULLY AIDED, ABETTED, OR CAUSED THE
COMMISSION OF THE CRIMINAL ACT IN WHICH THE FIREARM WAS USED.

(3)      THIS SUBTITLE DOES NOT OTHERWISE NEGATE, LIMIT, OR MODIFY
THE DOCTRINE OF NEGLIGENCE OR STRICT LIABILITY THAT RELATES TO
ABNORMALLY DANGEROUS PRODUCTS OR ACTIVITIES AND DEFECTIVE PRODUCTS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 36-I(f) and (h).

In the introductory language of subsection (a) of this section, the reference
to "[t]his subtitle" is substituted for the former reference to "this section"

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