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Statutes Text

Article - Criminal Law




§4–104.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.

        (3)    “Child” means an individual under the age of 16 years.

        (4)    (i)    “Firearm” means a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun, as those terms are defined in § 4-201 of this title, or any other firearm.

            (ii)    “Firearm” does not include an antique firearm as defined in § 4-201 of this title.

    (b)    This section does not apply if:

        (1)    the child’s access to a firearm is supervised by an individual at least 18 years old;

        (2)    the child’s access to a firearm was obtained as a result of an unlawful entry;

        (3)    the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or

        (4)    the child has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article.

    (c)    A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.

    (d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

    (e)    (1)    A violation of this section may not:

            (i)    be considered evidence of negligence;

            (ii)    be considered evidence of contributory negligence;

            (iii)    limit liability of a party or an insurer; or

            (iv)    diminish recovery for damages arising out of the ownership, maintenance, or operation of a firearm or ammunition.

        (2)    A party, witness, or lawyer may not refer to a violation of this section during a trial of a civil action that involves property damage, personal injury, or death.