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.