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Ch. 26
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2002 LAWS OF MARYLAND
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have repealed or substantially modified it, removing any reference to
uniformity: Connecticut, Ohio, South Carolina, South Dakota, and
Wisconsin.
Montana has repealed the registration and manufacturers' provisions, but
retains the crime of possessing or using a machine gun for an offensive or
aggressive purpose, and certain presumptions. It also retains the
prohibition against using a machine gun in a crime of violence. However,
for the remaining crimes Montana retains "uniformity" language similar to
§ 4-406 of this subtitle. MT. CODE ANN. 45-8-301 through 45-8-307.
Virginia and Arkansas have both retained the Uniform Machine Gun Act
largely intact. VA. CODE ANN. §§ 18.2-288 through 18.2-298; AR CODE
ANN. §§ 5-73-201 through 5-73-211. Although Arkansas has never filled
in the blank for the amount of the fine imposed on a manufacturer that
fails to register a machine gun, it repealed the requirement for an owner to
register a machine gun during its 2001 Legislative Session. §§ 5-73-208
and 5-73-209.
It is unclear to what extent there has ever been an occasion to construe any
provision of this subtitle "uniformly" with regard to the corresponding
statute of any other adopting state. The General Assembly may wish to
consider removing the "uniform" designation of this subtitle, and perhaps
the uniform construction provision of § 4-406 of this subtitle.
GENERAL REVISOR'S NOTE TO SUBTITLE
Former Art. 27, § 381, which provided for severability of any invalid provision of
the subtitle, is deleted as surplusage in light of the application of Art. 1, § 23, which
provides for the severability of all statutes enacted after July 1, 1973.
SUBTITLE 5. DESTRUCTIVE DEVICES.
4-501. DEFINITIONS.
(A) IN GENERAL.
IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 139A(a).
(B) DESTRUCTIVE DEVICE.
(1) "DESTRUCTIVE DEVICE" MEANS EXPLOSIVE MATERIAL, INCENDIARY
MATERIAL, OR TOXIC MATERIAL THAT IS:
(I) COMBINED WITH A DELIVERY OR DETONATING APPARATUS SO
AS TO BE CAPABLE OF INFLICTING INJURY TO PERSONS OR DAMAGE TO PROPERTY;
OR
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