Maryland Public Safety Section 5-133

Article - Public Safety

§ 5-133.

      (a)      This section supersedes any restriction that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.

      (b)      A person may not possess a regulated firearm if the person:

            (1)      has been convicted of a disqualifying crime;

            (2)      has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

            (3)      is a fugitive from justice;

            (4)      is a habitual drunkard;

            (5)      is addicted to a controlled dangerous substance or is a habitual user;

            (6)      suffers from a mental disorder as defined in § 10-101(f)(2) of the Health - General Article and has a history of violent behavior against the person or another, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;

            (7)      has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;

            (8)      is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; or

            (9)      if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.

      (c)      (1)      A person may not possess a regulated firearm if the person was previously convicted of:

                  (i)      a crime of violence; or

                  (ii)      a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-607, § 5-608, § 5-609, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article.

            (2)      A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment for not less than 5 years, no part of which may be suspended.

            (3)      A person sentenced under paragraph (1) of this subsection may not be eligible for parole.

            (4)      Each violation of this subsection is a separate crime.

      (d)      (1)      Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm or ammunition solely designed for a regulated firearm.

            (2)      Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to:

                  (i)      the temporary transfer or possession of a regulated firearm or ammunition solely designed for a regulated firearm if the person is:

                        1.      under the supervision of another who is at least 21 years old and who is not prohibited by State or federal law from possessing a firearm; and

                        2.      acting with the permission of the parent or legal guardian of the transferee or person in possession;

                  (ii)      the transfer by inheritance of title, and not of possession, of a regulated firearm;

                  (iii)      a member of the armed forces of the United States or the National Guard while performing official duties;

                  (iv)      the temporary transfer or possession of a regulated firearm or ammunition solely designed for a regulated firearm if the person is:

                        1.      participating in marksmanship training of a recognized organization; and

                        2.      under the supervision of a qualified instructor;

                  (v)      a person who is required to possess a regulated firearm for employment and who holds a permit under Subtitle 3 of this title; or

                  (vi)      the possession of a firearm or ammunition for self-defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest.



This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.