Maryland Public Safety Section 5-134

Article - Public Safety

§ 5-134.

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

      (b)      A dealer or other person may not sell, rent, or transfer a regulated firearm to a purchaser, lessee, or transferee who the dealer or other person knows or has reasonable cause to believe:

            (1)      is under the age of 21 years;

            (2)      has been convicted of a disqualifying crime;

            (3)      has been convicted of a conspiracy to commit a felony;

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

            (5)      is a fugitive from justice;

            (6)      is a habitual drunkard;

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

            (8)      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 purchaser, lessee, or transferee or another, unless the purchaser, lessee, or transferee possesses a physician's certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, or transferee or to another;

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

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

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

            (12)      is visibly under the influence of alcohol or drugs;

            (13)      is a participant in a straw purchase; or

            (14)      subject to subsection (c) of this section for a transaction under this subsection that is made on or after January 1, 2002, has not completed a certified firearms safety training course conducted free of charge by the Police Training Commission or that meets standards established by the Police Training Commission under § 3-207 of this article.

      (c)      A person is not required to complete a certified firearms safety training course under subsection (b)(14) of this section and § 5-118(b)(3)(x) of this subtitle if the person:

            (1)      has already completed a certified firearms safety training course required under subsection (b)(14) of this section and § 5-118(b)(3)(x) of this subtitle;

            (2)      is a law enforcement officer of the State or any local law enforcement agency in the State;

            (3)      is a member, retired member, or honorably discharged member of the armed forces of the United States or the National Guard;

            (4)      is a member of an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition; or

            (5)      has been issued a permit to carry a handgun under Subtitle 3 of this title.

      (d)      (1)      A person may not sell, rent, or transfer:

                  (i)      ammunition solely designed for a regulated firearm to a person who is under the age of 21 years; or

                  (ii)      1.      a firearm other than a regulated firearm to a minor;

                        2.      ammunition for a firearm to a minor;

                        3.      pepper mace, which is an aerosol propelled combination of highly disabling irritant based products and is also known as oleo-resin capsicum (O.C.) spray, to a minor; or

                        4.      another deadly weapon to a minor.

            (2)      A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.



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