§ 4-104. Child's access to firearms

MD Crim Law Code § 4-104 (2019) (N/A)
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(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.