Possession of machine gun

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    (a)    The presence of a machine gun in a room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle.

    (b)    This subtitle does not prohibit or interfere with:

        (1)    the manufacture, sale, and transportation of a machine gun for or to a military force or peace officer of the United States, a state, or a political subdivision of a state;

        (2)    the possession of a machine gun for a scientific purpose;

        (3)    the possession, as a curiosity, ornament, or keepsake, of a machine gun that cannot be used as a weapon;

        (4)    the possession of a machine gun for a purpose that is manifestly not aggressive or offensive; or

        (5)    the transportation of a lawfully possessed machine gun by a person who is carrying a court order requiring the surrender of the machine gun, if:

            (i)    the machine gun is unloaded;

            (ii)    the person has notified the law enforcement unit, barracks, or station that the machine gun is being transported in accordance with the court order; and

            (iii)    the person transports the machine gun directly to the law enforcement unit, barracks, or station.

    (c)    (1)    A court may issue a warrant to search for and seize a machine gun possessed in violation of this subtitle under the same procedure as for issuance of a warrant for stolen property.

        (2)    On application by the State’s Attorney, a court may order the confiscation or destruction of a legally seized machine gun or the transfer of the machine gun to a peace officer of the State or a political subdivision of the State.


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