(a) In this subtitle the following words have the meanings indicated. (b) "Antique firearm" has the meaning stated in § 4-201 of the Criminal Law Article. (b-1) (1) "Convicted of a disqualifying crime" includes: (i) a case in which a person received probation before judgment for a crime of violence; and (ii) a case in which a person received probation before judgment in a domestically related crime as defined in § 6-233 of the Criminal Procedure Article. (2) "Convicted of a disqualifying crime" does not include a case in which a person received a probation before judgment: (i) for assault in the second degree, unless the crime was a domestically related crime as defined in § 6-233 of the Criminal Procedure Article; or (ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article. (c) "Crime of violence" means: (1) abduction; (2) arson in the first degree; (3) assault in the first or second degree; (4) burglary in the first, second, or third degree; (5) carjacking and armed carjacking; (6) escape in the first degree; (7) kidnapping; (8) voluntary manslaughter; (9) maiming as previously proscribed under former Article 27, § 386 of the Code; (10) mayhem as previously proscribed under former Article 27, § 384 of the Code; (11) murder in the first or second degree; (12) rape in the first or second degree; (13) robbery; (14) robbery with a dangerous weapon; (15) sexual offense in the first, second, or third degree; (16) home invasion under § 6-202(b) of the Criminal Law Article; (17) a felony offense under Title 3, Subtitle 11 of the Criminal Law Article; (18) an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or (19) assault with intent to commit any of the crimes listed in items (1) through (17) of this subsection or a crime punishable by imprisonment for more than 1 year. (d) "Dealer" means a person who is engaged in the business of: (1) selling, renting, or transferring firearms at wholesale or retail; or (2) repairing firearms. (e) "Dealer's license" means a State regulated firearms dealer's license. (f) "Designated law enforcement agency" means a law enforcement agency that the Secretary designates to process applications to purchase regulated firearms for secondary sales. (g) "Disqualifying crime" means: (1) a crime of violence; (2) a violation classified as a felony in the State; or (3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years. (h) (1) "Firearm" means: (i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; (ii) the frame or receiver of such a weapon; or (iii) an unfinished frame or receiver, as defined in § 5-701 of this title. (2) "Firearm" includes a starter gun. (i) "Firearm applicant" means a person who makes a firearm application. (j) "Firearm application" means an application to purchase, rent, or transfer a regulated firearm. (k) "Fugitive from justice" means a person who has fled to avoid prosecution or giving testimony in a criminal proceeding. (l) "Habitual drunkard" means a person who has been found guilty of any three crimes under § 21-902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year. (m) "Habitual user" means a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years. (n) (1) "Handgun" means a firearm with a barrel less than 16 inches in length. (2) "Handgun" includes signal, starter, and blank pistols. (o) "Handgun qualification license" means a license issued by the Secretary that authorizes a person to purchase, rent, or receive a handgun. (p) "Licensee" means a person who holds a dealer's license. (q) "Qualified handgun instructor" means a certified firearms instructor who: (1) is recognized by the Maryland Police and Correctional Training commissions; (2) has a qualified handgun instructor license issued by the Secretary; or (3) has a certification issued by a nationally recognized firearms organization. (r) "Regulated firearm" means: (1) a handgun; or (2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon: (i) American Arms Spectre da Semiautomatic carbine; (ii) AK-47 in all forms; (iii) Algimec AGM-1 type semi-auto; (iv) AR 100 type semi-auto; (v) AR 180 type semi-auto; (vi) Argentine L.S.R. semi-auto; (vii) Australian Automatic Arms SAR type semi-auto; (viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics; (ix) Barrett light .50 cal. semi-auto; (x) Beretta AR70 type semi-auto; (xi) Bushmaster semi-auto rifle; (xii) Calico models M-100 and M-900; (xiii) CIS SR 88 type semi-auto; (xiv) Claridge HI TEC C-9 carbines; (xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle; (xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2; (xvii) Dragunov Chinese made semi-auto; (xviii) Famas semi-auto (.223 caliber); (xix) Feather AT-9 semi-auto; (xx) FN LAR and FN FAL assault rifle; (xxi) FNC semi-auto type carbine; (xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun; (xxiii) Steyr-AUG-SA semi-auto; (xxiv) Galil models AR and ARM semi-auto; (xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3; (xxvi) Holmes model 88 shotgun; (xxvii) Avtomat Kalashnikov semiautomatic rifle in any format; (xxviii) Manchester Arms "Commando" MK-45, MK-9; (xxix) Mandell TAC-1 semi-auto carbine; (xxx) Mossberg model 500 Bullpup assault shotgun; (xxxi) Sterling Mark 6; (xxxii) P.A.W.S. carbine; (xxxiii) Ruger mini-14 folding stock model (.223 caliber); (xxxiv) SIG 550/551 assault rifle (.223 caliber); (xxxv) SKS with detachable magazine; (xxxvi) AP-74 Commando type semi-auto; (xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand; (xxxviii) Street sweeper assault type shotgun; (xxxix) Striker 12 assault shotgun in all formats; (xl) Unique F11 semi-auto type; (xli) Daewoo USAS 12 semi-auto shotgun; (xlii) UZI 9mm carbine or rifle; (xliii) Valmet M-76 and M-78 semi-auto; (xliv) Weaver Arms "Nighthawk" semi-auto carbine; or (xlv) Wilkinson Arms 9mm semi-auto "Terry". (s) "Rent" means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm. (t) "Secondary sale" means a sale of a regulated firearm in which neither party to the sale: (1) is a licensee; (2) is licensed by the federal government as a firearms dealer; (3) devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of earning a profit through the repeated purchase and resale of firearms; or (4) repairs firearms as a regular course of trade or business. (u) "Secretary" means the Secretary of State Police or the Secretary's designee. (v) "Straw purchase" means a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to: (1) complete the application to purchase a regulated firearm; (2) take initial possession of the regulated firearm; and (3) subsequently transfer the regulated firearm to the person.
‹ Prev All Maryland sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.