In this subtitle the following words have the meanings indicated. “Crime of violence” means: murder in any degree; manslaughter; kidnapping; rape in any degree; assault in the first degree; robbery under § 3–402 or § 3–403 of this article; burglary in any degree; home invasion under § 6–202(b) of this article; escape in the first degree; or theft. “Crime of violence” includes an attempt to commit a crime listed in paragraph (1) of this subsection. “Machine gun” means a loaded or unloaded weapon that is capable of automatically discharging more than one shot or bullet from a magazine by a single function of the firing device.

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. This subtitle does not prohibit or interfere with: 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; the possession of a machine gun for a scientific purpose; the possession, as a curiosity, ornament, or keepsake, of a machine gun that cannot be used as a weapon; the possession of a machine gun for a purpose that is manifestly not aggressive or offensive; or 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: the machine gun is unloaded; 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 the person transports the machine gun directly to the law enforcement unit, barracks, or station. 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. 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.

A manufacturer of a machine gun shall keep a register of each machine gun manufactured or handled by the manufacturer. The register shall contain: the method of manufacture and serial number of the machine gun; the date of manufacture, sale, loan, gift, delivery, and receipt of the machine gun from the manufacturer; and the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom the machine gun was received, and the purpose for which the machine gun was acquired. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100. On demand, a manufacturer of a machine gun shall allow a marshal, sheriff, or police officer to inspect the manufacturer’s entire stock of machine guns, parts, and supplies and the register required under subsection (a) of this section. A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100. A person who acquires a machine gun shall register the machine gun with the Secretary of State Police: within 24 hours after acquiring the machine gun; and in each succeeding year during the month of May. The Secretary of State Police shall prepare and, on request of an applicant, furnish an application form for registration under this subsection. An application for registration shall contain: the make, model, serial number, caliber, type, barrel length, finish, and country of origin of the machine gun; the name, address, race, gender, date of birth, Maryland driver’s license number, and occupation of the person in possession of the machine gun; and the name of the person from whom the machine gun was acquired and the purpose for acquiring the machine gun. Each application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable registration fee of $10. Registration data provided under this section is not open to public inspection.

A person may not use or possess a machine gun in the commission or attempted commission of a crime of violence. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when: the machine gun: 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; 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 is not registered as required under § 4-403 of this subtitle; or 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. A person may not possess or use a machine gun for an offensive or aggressive purpose. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years. A person who violates this section is subject to § 5-106(b) of the Courts Article.

This subtitle shall be interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.

This subtitle may be cited as the Uniform Machine Gun Act.