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Ch. 26
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2002 LAWS OF MARYLAND
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(1) THE MANUFACTURE, SALE, AND TRANSPORTATION OF A MACHINE
GUN FOR OR TO A MILITARY FORCE OR PEACE OFFICER OF THE UNITED STATES, A
STATE, OR A POLITICAL SUBDIVISION OF A STATE;
(2) THE POSSESSION OF A MACHINE GUN FOR A SCIENTIFIC PURPOSE;
(3) THE POSSESSION, AS A CURIOSITY, ORNAMENT, OR KEEPSAKE, OF A
MACHINE GUN THAT CANNOT BE USED AS A WEAPON; OR
(4) THE POSSESSION OF A MACHINE GUN FOR A PURPOSE THAT IS
MANIFESTLY NOT AGGRESSIVE OR OFFENSIVE.
(C) SEIZURE AND CONFISCATION.
(1) A COURT MAY ISSUE A WARRANT TO SEARCH FOR AND SEIZE A
MACHINE GUN POSSESSED IN VIOLATION OF THIS SUBTITLE UNDER THE SAME
PROCEDURE AS FOR ISSUANCE OF A WARRANT FOR STOLEN PROPERTY.
(2) ON APPLICATION BY THE STATE'S ATTORNEY, A COURT MAY ORDER
THE CONFISCATION OR DESTRUCTION OF A LEGALLY SEIZED MACHINE GUN OR THE
TRANSFER OF THE MACHINE GUN TO A PEACE OFFICER OF THE STATE OR A
POLITICAL SUBDIVISION OF THE STATE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 376, 377, and 380.
In subsection (a) of this section, the former phrase "where the weapon is
found" is deleted as implicit in the reference to the "presence of a machine
gun in a room, boat, or vehicle".
In the introductory language of subsection (b) of this section, the phrase
"[t]his subtitle does not prohibit or interfere with" is substituted for the
former phrase "[n]othing contained in this subtitle shall" for clarity.
In subsection (c) of this section, the former reference to a "house or place"
is deleted as implicit in the requirement that a search warrant must follow
the same procedures as a warrant issued for stolen property.
Also in subsection (c) of this section, the phrase "under the same procedure
as for issuance of a warrant" is substituted for the former phrase "in the
same manner and under the same restrictions as provided by law" for
clarity.
In subsection (c)(2) of this section, the word "may" is substituted for the
former phrase "shall have jurisdiction and power to" for brevity.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that subsection (b) of this section excepts
"manufacture", "sale", and "transportation" of machine guns for use by
military personnel and peace officers from this subtitle, but does not
except "possession" by these individuals, even when on official duty. The
General Assembly may wish to address the possession of machine guns by
these individuals, and any limitation on possession such as "in the course
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- 356 -
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