§ 17-2-103. UNSUPERVISED ACCESS BY MINOR.

(a)

Definitions. In this section the following words have the meanings indicated.

(1)

"Ammunition" means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.

(2)

"Minor" means an individual defined in § 13-12-101(d) of the County Code.

(3)

"Firearm" means a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun, as those terms are defined in § 4-201 of the Criminal Law Article of the Annotated Code of Maryland, or any other firearm. "Firearm" does not include an antique firearm as defined in § 4-201 of that article.

(b)

Exceptions. This section does not apply if:

(1)

The minor's access to a firearm is supervised by an individual at least 18 years old;

(2)

The minor'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 minor has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article of the Annotated Code of Maryland.

(c)

Storage of firearm. Subject to the provisions of § 17-2-102 of this title, a person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised minor would gain access to the firearm.

(d)

Violation of section.

(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.

( Bill No. 52-18 , § 1, 6-18-2018)

Editor's note:
  Section 1 of Bill No. 52-18 , effective June 18, 2018, repealed § 17-2-103 and enacted new provisions to read as herein set out. Former § 17-2-103 pertained to penalty, and derived from the 1988 Code, § 20-43; and Bill No. 114-99, § 3, adopted July 1, 2004.