Analyzing 2 Types Of Machine Gun Crimes In Maryland

Maryland imposes many restrictions on the possession and use of machine guns. The definition of a machine gun under Maryland Code of Criminal Law Section 4-401 can refer to any loaded or unloaded weapon that utilizes a magazine for ammunition. But such a weapon must be able to discharge more than one bullet automatically by a single function of the firing device.

More specifically, Maryland law prohibits any person from possessing or using a machine gun: (1) In a crime of violence or (2) For an aggressive or offensive purpose. To better understand what this means, the following sections will examine both of these machine gun crimes in detail.

1. Use of Machine Gun in Crime of Violence

Before proceeding any further, it is vital to establish the definition of a “crime of violence” under Section 4-401. This section defines a crime of violence as:

• Murder in any degree;
• Manslaughter;
• Kidnapping;
• Rape in any degree;
• Assault in the first degree;
• Robbery;
• Burglary in any degree;
• Home invasion;
• Escape in the first degree;
• Theft; or
• An attempt to commit any of the crimes listed above.

Maryland Code of Criminal Law Section 4-404 prohibits any person from:

• Using or possessing a machine gun; and
• Committing or attempting to commit a crime of violence.

Any person who violates Section 4-404 is guilty of a felony and can face imprisonment for a maximum of 20 years.

2. Use of Machine Gun for Aggressive/Offensive Purpose

Maryland Code of Criminal Law Section 4-405 provides the considerations for determining an aggressive or offensive purpose. Possession or use of a machine gun is deemed to be for an aggressive or offensive purpose if:

• A person possesses a machine gun at someone else’s residence or business;
• A foreign born, unnaturalized person possesses or uses a machine gun;
• A person previously convicted of a crime of violence possesses or uses a machine gun;
• The machine gun was not registered in accordance with Maryland law; or
• The machine gun is in the immediate vicinity of applicable ammunition, whether empty or loaded.

Section 4-405 prohibits any person from:

• Using or possessing a machine gun; and
• Demonstrating an aggressive or offensive purpose.

Any person who violates Section 4-405 is guilty of a misdemeanor can face imprisonment for a maximum of 10 years.

Do You Need Legal Help?

If you have legal questions about gun crimes or other offenses under Maryland law, it can be immensely valuable to schedule a consultation with an adept Bel Air gun crime attorney. The attorneys at Schlaich & Thompson, Chartered have more than 60 years of combined legal experience in criminal and family law, including gun crimes and other offenses. If you need legal help, contact us today for an initial consultation.

SOURCES:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=4-401&enactments=false

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=4-404&enactments=False&archived=False

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=4-405&enactments=False&archived=False