§ 4-405. Use of machine gun for aggressive purpose

   (a) Presumption of offensive or aggressive purpose. -- Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when:

   (1) the machine gun:

      (i) is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun is found;

      (ii) is in the possession of, or used by, an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any state or federal court of the United States; or

      (iii) is not registered as required under § 4-403 of this subtitle; or

   (2) empty or loaded shells that have been used or are susceptible of being used in the machine gun are found in the immediate vicinity of the machine gun.

(b) Prohibited. -- A person may not possess or use a machine gun for an offensive or aggressive purpose.

(c) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years.

(d) Statute of limitations and in banc review. -- A person who violates this section is subject to § 5-106(b) of the Courts Article.

HISTORY: An. Code 1957, art. 27, § 374, 375; 2002, ch. 26, § 2.