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PARRIS N. GLENDENING, Governor
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Ch. 26
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(VII) BURGLARY IN ANY DEGREE;
(VIII) ESCAPE IN THE FIRST DEGREE; OR
(IX) THEFT.
(2) "CRIME OF VIOLENCE" INCLUDES AN ATTEMPT TO COMMIT A CRIME
LISTED IN PARAGRAPH (1) OF THIS SUBSECTION.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 372.
The former phrase "applies to and includes any of the following crimes or
an attempt to commit any of the same" is deleted to distinguish between
primary crimes and attempted crimes for clarity.
In paragraph (1) of this subsection, the conjunction "or" is substituted for
the former conjunction "and" for accuracy and consistency in describing the
qualifying crimes.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that although "rape in any degree" is listed as a
"crime of violence" in paragraph (1)(iv) of this subsection, the related
crimes of "sexual offense in the first degree" and "sexual offense in the
second degree", §§ 3-304 and 3-305 of this article, respectively, are not
included. The General Assembly may wish to consider whether any of the
"sexual offenses" codified in Title 3, Subtitle 3 of this article should be
added to the definition of "crime of violence" in this subsection.
(C) MACHINE GUN.
"MACHINE GUN" MEANS A LOADED OR UNLOADED WEAPON THAT IS CAPABLE
OF AUTOMATICALLY DISCHARGING MORE THAN ONE SHOT OR BULLET FROM A
MAGAZINE BY A SINGLE FUNCTION OF THE FIRING DEVICE.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 372.
The former phrase "of any description, by whatever name known," is
deleted as surplusage in light of the common reference to the undefined
term "weapon".
4-402. POSSESSION OF MACHINE GUN.
(A) EVIDENCE OF POSSESSION.
THE PRESENCE OF A MACHINE GUN IN A ROOM, BOAT, OR VEHICLE IS
EVIDENCE OF THE POSSESSION OR USE OF THE MACHINE GUN BY EACH PERSON
OCCUPYING THE ROOM, BOAT, OR VEHICLE.
(B) EXCEPTIONS.
THIS SUBTITLE DOES NOT PROHIBIT OR INTERFERE WITH:
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- 355 -
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