reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-128 - Purchases Within 30 Days -- in General

(a)    Subsection (b) of this section does not apply to:
(1)    a law enforcement agency;
(2)    an agency authorized to perform law enforcement duties;
(3)    a State or local correctional facility;
(4)    a private security company licensed to do business in the State;
(5)    the purchase of an antique firearm;
(6)    a purchase by a licensee;
(7)    the exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within 30 days immediately before the exchange or replacement; or
(8)    a person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately, if:
(i)    the person provides the licensee with a copy of the official police report or an official summary of the report, a copy of which shall be attached to the firearm application;
(ii)    the official police report or official summary of the report contains the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, the date of the loss or theft, and the date when the loss or theft was reported to the law enforcement agency; and
(iii)    the loss or theft occurred within 30 days before the person’s attempt to replace the regulated firearm, as reflected by the date of loss or theft on the official police report or official summary of the report.
(b)    A person may not purchase more than one regulated firearm in a 30-day period.
(c)    A licensee or other person may not sell, rent, or transfer a regulated firearm to a firearm applicant whose firearm application is placed on hold because of an open disposition of criminal proceedings against the firearm applicant or disapproved, unless the hold or disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with § 5-127 of this subtitle.
(d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-129 - Purchases Within 30 Days -- Multiple Purchases Allowed

(a)    Notwithstanding § 5-128(b) of this subtitle, a person may purchase more than one regulated firearm in a 30-day period if:
(1)    the person applies for and the Secretary approves a multiple purchase; and
(2)    (i)    the purchase of the regulated firearms is for a private collection or a collector series;
(ii)    the purchase of the regulated firearms is a bulk purchase from an estate sale;
(iii)    1.    the purchase of not more than two regulated firearms is a multiple purchase to take advantage of a licensee’s discounted price available only for a multiple purchase; and
2.    the purchaser is prohibited from purchasing a regulated firearm during the following 30-day period unless approved under item (i) or (ii) of this item; or
(iv)    the purchase is for other purposes similar to items (i) through (iii) of this item.
(b)    (1)    The application for a multiple purchase shall:
(i)    list the regulated firearms to be purchased;
(ii)    state the purpose of the purchase of more than one regulated firearm in a 30-day period;
(iii)    be witnessed by a licensee or designated law enforcement agency; and
(iv)    be signed under the penalty of perjury by the firearm applicant.
(2)    The application for a multiple purchase of regulated firearms shall be attached to a completed firearm application and forwarded to the Secretary by a licensee or designated law enforcement agency.
(c)    On receipt of the firearm application and the application for a multiple purchase, the Secretary shall conduct a background investigation as required in § 5-121 of this subtitle.
(d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-130 - Gun Shows

(a)    In this section, “gun show” means any organized gathering open to the public at which any firearm is displayed.
(b)    Subsections (c) through (h) of this section do not apply to a licensee.
(c)    A person must obtain a temporary transfer permit issued by the Secretary before the person displays a regulated firearm for sale or transfer from a table or fixed display at a gun show.
(d)    (1)    An applicant for a temporary transfer permit shall:
(i)    submit to the Secretary an application on the form that the Secretary provides; and
(ii)    pay to the Secretary a fee of $10 for each calendar year.
(2)    Each additional temporary transfer permit during the same calendar year shall be issued without charge.
(e)    The application for a temporary transfer permit shall contain any information that is necessary for the Secretary to conduct a computer background investigation.
(f)    Each application for a temporary transfer permit shall contain the following statement: “Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years or a fine not more than $5,000 or both.”.
(g)    (1)    The Secretary shall conduct an investigation to determine the truth or falsity of the information supplied and the statements made in the application for a temporary transfer permit.
(2)    If there is no reason to disapprove the application for a temporary transfer permit, the Secretary shall issue the permit within 7 days after the date of application.
(3)    The Secretary shall disapprove an application for a temporary transfer permit if the Secretary determines that:
(i)    the applicant supplied false information or made a false statement; or
(ii)    the application is not properly completed.
(4)    If the Secretary disapproves an application for a temporary transfer permit, the Secretary shall notify the applicant in writing of the disapproval.
(h)    (1)    A temporary transfer permit shall be clearly labeled “temporary” and shall include the statement: “This is not a license to engage in the business of selling firearms.”.
(2)    The temporary transfer permit shall be placed in public view as part of any display of a regulated firearm.
(i)    (1)    A person may not receive more than five temporary transfer permits during a single calendar year.
(2)    To display a regulated firearm for sale, trade, or transfer at more than five gun shows in a calendar year, a person shall obtain a dealer’s license under this subtitle.
(j)    A sale or transfer of a regulated firearm from a table or fixed display at a gun show is governed by §§ 5-103, 5-104, 5-117 through 5-129, and 5-136 of this subtitle.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-133.1 - Restrictions on Possession of Ammunition

(a)    In this section, “ammunition” means a cartridge, shell, or any other device containing explosive or incendiary material designed and intended for use in a firearm.
(b)    A person may not possess ammunition if the person is prohibited from possessing a regulated firearm under § 5–133 (b) or (c) of this subtitle.
(c)    A person who violates this section 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.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-133.2 - Reporting by Courts or Health Facilities

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Facility” has the meaning stated in § 10–101 of the Health – General Article.
(3)    “NICS Index” means the Federal Bureau of Investigation’s National Instant Criminal Background Check System.
(b)    (1)    A court shall promptly report information required in paragraph (2) of this subsection through a secure data portal approved by the Department of Public Safety and Correctional Services if a court:
(i)    determines that a person is not criminally responsible under § 3–110 of the Criminal Procedure Article;
(ii)    finds that a person is incompetent to stand trial under § 3–106 of the Criminal Procedure Article; or
(iii)    finds under § 13–201(c) or § 13–705 of the Estates and Trusts Article that a person should be under the protection of a guardian, except for cases in which the appointment of a guardian is solely a result of a physical disability.
(2)    On a finding or determination under paragraph (1) of this subsection, the following information shall be reported to the NICS Index:
(i)    the name and identifying information of the person; and
(ii)    the date of the determination or finding.
(c)    (1)    A facility shall report information required in paragraph (2) of this subsection regarding a person admitted to the facility under § 10–609 of the Health – General Article or committed to the facility under Title 10, Subtitle 6, Part III of the Health – General Article to the NICS Index through a secure data portal approved by the Department of Public Safety and Correctional Services, if:
(i)    the person has been admitted to a facility for 30 consecutive days or more; or
(ii)    the person has been involuntarily committed to a facility.
(2)    On admission to a facility the following information shall be reported to the NICS Index:
(i)    the name and identifying information of the person admitted or committed;
(ii)    the date the person was admitted or committed to the facility; and
(iii)    the name of the facility to which the person was admitted or committed.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-135 - Regulated Firearms Subject to Seizure

A regulated firearm that is sold, rented, transferred, possessed, received, or purchased in violation of this subtitle may be:
(1)    seized by a law enforcement agency as contraband; and
(2)    after a finding of guilt, disposed of in accordance with Title 13, Subtitle 2 of the Criminal Procedure Article.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-136 - Straw Purchases

(a)    (1)    This section does not apply to a person who purchases a regulated firearm as a gift if:
(i)    the regulated firearm is a gift to a resident of the State; and
(ii)    1.    both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or
2.    if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.
(2)    If the regulated firearm is a gift to the purchaser’s spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
(i)    complete an application to purchase or transfer a regulated firearm; and
(ii)    forward the application to the Secretary within 5 days after receipt of the regulated firearm.
(3)    The Secretary shall waive the $10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.
(b)    A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-137 - Out-of-State Purchases

(a)    A person who seeks to own a regulated firearm and purchases the regulated firearm from an out-of-state federally licensed gun importer, manufacturer, or dealer shall:
(1)    have the federally licensed importer, manufacturer, or dealer ship the regulated firearm to a licensee for processing; and
(2)    comply with §§ 5-103, 5-104, 5-117 through 5-129, and 5-136 of this subtitle.
(b)    If a person purchases a regulated firearm for use within the scope of the person’s official duties, the Secretary may waive the 7-day waiting period under § 5-124 of this subtitle for:
(1)    law enforcement personnel of any unit of the federal government;
(2)    members of the armed forces of the United States or the National Guard; or
(3)    law enforcement personnel of the State or any local agency in the State.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-139 - False Information or Misstatement in Application

(a)    A person may not knowingly give false information or make a material misstatement in a firearm application or in an application for a dealer’s license.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-140 - Transporting Regulated Firearm for Unlawful Sale or Trafficking

(a)    A dealer or other person may not transport a regulated firearm into the State for the purpose of unlawfully selling or trafficking of the regulated firearm.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.
(c)    Each violation of this section is a separate crime.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-141 - Knowing Participation in Straw Purchase

(a)    A dealer or other person may not be a knowing participant in a straw purchase of a regulated firearm for a minor or for a person prohibited by law from possessing a regulated firearm.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.
(c)    Each violation of this section is a separate crime.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-142 - Removal or Alteration of Identification Mark or Number on Firearm

(a)    A person may not obliterate, remove, change, or alter the manufacturer’s identification mark or number on a firearm.
(b)    If on trial for a violation of this section possession of the firearm by the defendant is established, the defendant is presumed to have obliterated, removed, changed, or altered the manufacturer’s identification mark or number on the firearm.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-143 - Registration Requirements for Persons Moving Into State

(a)    (1)    A person who moves into the State with the intent of becoming a resident shall register all regulated firearms with the Secretary within 90 days after establishing residency.
(2)    The Secretary shall prepare and, on request of an applicant, provide an application form for registration under this section.
(b)    An application for registration under this section shall contain:
(1)    the make, model, manufacturer’s serial number, caliber, type, barrel length, finish, and country of origin of each regulated firearm; and
(2)    the firearm applicant’s name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, signature, driver’s or photographic identification Soundex number, and occupation.
(c)    An application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable total registration fee of $15, regardless of the number of firearms registered.
(d)    Registration data provided under this section is not open to public inspection.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-144 - Knowing Participation in Violation of Subtitle

(a)    Except as otherwise provided in this subtitle, a dealer or other person may not:
(1)    knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated firearm in violation of this subtitle; or
(2)    knowingly violate § 5–142 of this subtitle.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
(c)    Each violation of this section is a separate crime.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-145.1 - Requirements on Licensed Dealers Conducting Business Where Firearms Stored -- Penalties for Certain Dealers -- Rules and Regulations Adopted

(a)    A licensed dealer may not conduct business and store firearms at a location unless:
(1)    the premises on which the licensed dealer operates is equipped with security features, including:
(i)    equipment capable of filming and recording video footage inside and outside buildings where firearms are stored;
(ii)    at least one of the following features designed to prevent unauthorized entry installed on all exterior doors and windows of all buildings where firearms are stored:
1.    bars;
2.    security screens;
3.    commercial grade metal doors;
4.    grates; or
5.    other physical barriers approved by the Secretary;
(iii)    a burglary alarm system that is continually monitored; and
(iv)    if practicable, physical barriers designed to prevent the use of motor vehicles to breach all buildings where firearms are stored; or
(2)    outside business hours, the licensed dealer locks all firearms stored on the premises in:
(i)    a vault;
(ii)    a safe; or
(iii)    a room or building that meets the requirements under item (1) of this subsection.
(b)    (1)    This subsection does not apply if the equipment or alarm system became temporarily inoperable at no fault of the licensed dealer.
(2)    A person who violates this section is subject to a civil penalty not exceeding $1,000 imposed by the Secretary.
(3)    In addition to the penalty imposed under paragraph (2) of this subsection, a person who knowingly and willfully violates this section is subject to:
(i)    for a second offense, suspension of the person’s dealer’s license; and
(ii)    for a third or subsequent offense, revocation of the person’s dealer’s license.
(c)    The Secretary shall adopt rules and regulations to determine whether a licensed dealer has met the requirements of subsection (a) of this section.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 1 - Regulated Firearms › Section 5-146 - Lost or Stolen Regulated Firearms

(a)    A dealer or any other person who sells or transfers a regulated firearm shall notify the purchaser or recipient of the regulated firearm at the time of purchase or transfer that the purchaser or recipient is required to report a lost or stolen regulated firearm to the local law enforcement agency as required under subsection (b) of this section.
(b)    If a regulated firearm is lost or stolen, the owner of the regulated firearm shall report the loss or theft to the local law enforcement agency within 72 hours after the owner first discovers the loss or theft.
(c)    On receipt of a report of a lost or stolen regulated firearm, a local law enforcement agency shall report to the Secretary and enter into the National Crime Information Center (NCIC) database, to the extent known, the caliber, make, model, manufacturer, and serial number of the regulated firearm and any other distinguishing number or identification mark on the regulated firearm.
(d)    (1)    A knowing and willful first–time violation of this section is a civil offense punishable by a fine not exceeding $500.
(2)    A person who knowingly and willfully violates this section for a second or subsequent time is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
(e)    The imposition of a civil or criminal penalty under this section does not preclude the pursuit of any other civil remedy or criminal prosecution authorized by law.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 2 - Rifles and Shotguns › Section 5-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Dealer’s license” means a federal firearms license.
(c)    “Immediate family member” means a spouse, a parent, a stepparent, a grandparent, a stepgrandparent, an aunt, an uncle, a sibling, a stepsibling, a child, a stepchild, a grandchild, a stepgrandchild, a niece, or a nephew, as related by blood or marriage.
(d)    “Licensee” means a person who holds a dealer’s license.
(e)    “NICS Index” has the meaning stated in § 5–133.2 of this title.
(f)    “Rifle” has the meaning stated in § 4–201 of the Criminal Law Article.
(g)    “Short–barreled rifle” has the meaning stated in § 4–201 of the Criminal Law Article.
(h)    “Short–barreled shotgun” has the meaning stated in § 4–201 of the Criminal Law Article.
(i)    “Shotgun” has the meaning stated in § 4–201 of the Criminal Law Article.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 2 - Rifles and Shotguns › Section 5-202 - Scope of Subtitle

This subtitle does not apply to a short-barreled rifle or short-barreled shotgun that is:
(1)    an antique firearm as defined in § 4-201 of the Criminal Law Article;
(2)    a device designed or redesigned for use other than as a weapon;
(3)    a device designed or redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or
(4)    a firearm that cannot:
(i)    discharge a projectile by an explosive; and
(ii)    be readily restored to a firing condition.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 2 - Rifles and Shotguns › Section 5-203 - Possession of Short-Barreled Rifle or Short-Barreled Shotgun

(a)    A person may not possess a short-barreled rifle or short-barreled shotgun unless:
(1)    the person, while on official business is:
(i)    a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State;
(ii)    a member of the armed forces of the United States or the National Guard while on duty or traveling to or from duty;
(iii)    a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State;
(iv)    a warden or correctional officer of a correctional facility in the State; or
(v)    a sheriff or a temporary or full-time deputy sheriff; or
(2)    the short-barreled shotgun or short-barreled rifle has been registered with the federal government in accordance with federal law.
(b)    In a prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 2 - Rifles and Shotguns › Section 5-204 - Purchasers of Rifles or Shotguns

(a)    In this section, “adjacent state” means Delaware, Pennsylvania, Virginia, or West Virginia.
(b)    If a resident of this State is eligible to purchase a rifle or shotgun under the laws of an adjacent state, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state.
(c)    If a resident of an adjacent state is eligible to purchase a rifle or shotgun under the laws of this State, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in this State.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 2 - Rifles and Shotguns › Section 5-206 - Possession of Rifle or Shotgun Prohibited

(a)    A person may not possess a rifle or shotgun if the person was previously convicted of:
(1)    a crime of violence as defined in § 5–101 of this title;
(2)    a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 5–613, or § 5–614 of the Criminal Law Article; or
(3)    an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (1) or (2) of this subsection if committed in this State.
(b)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.
(c)    Each violation of this subsection is a separate crime.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 3 - Handgun Permits › Section 5-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Handgun” has the meaning stated in § 4–201 of the Criminal Law Article.
(c)    “Permit” means a permit issued by the Secretary to carry, wear, or transport a handgun.
(d)    “Qualified handgun instructor” has the meaning stated in § 5–101 of this title.
(e)    “Secretary” means the Secretary of State Police or the Secretary’s designee.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 3 - Handgun Permits › Section 5-304 - Application for Permit

(a)    An application for a permit shall be made under oath.
(b)    (1)    Subject to subsections (c) and (d) of this section, the Secretary may charge a nonrefundable fee payable when an application is filed for a permit.
(2)    The fee may not exceed:
(i)    $75 for an initial application;
(ii)    $50 for a renewal or subsequent application; and
(iii)    $10 for a duplicate or modified permit.
(3)    The fees under this subsection are in addition to the fees authorized under § 5–305 of this subtitle.
(c)    The Secretary may reduce the fee under subsection (b) of this section accordingly for a permit that is granted for one day only and at one place only.
(d)    The Secretary may not charge a fee under subsection (b) of this section to:
(1)    a State, county, or municipal public safety employee who is required to carry, wear, or transport a handgun as a condition of governmental employment; or
(2)    a retired law enforcement officer of the State or a county or municipal corporation of the State.
(e)    The applicant shall pay a fee under this section by an electronic check, a credit card, or a method of online payment approved by the Secretary.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 3 - Handgun Permits › Section 5-305 - Criminal History Records Check

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    Except as provided in subsection (g) of this section, the Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a permit.
(c)    As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:
(1)    two complete sets of the applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(d)    In accordance with §§ 10–201 through 10–234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant’s criminal history record information.
(e)    Information obtained from the Central Repository under this section:
(1)    is confidential and may not be disseminated; and
(2)    shall be used only for the licensing purpose authorized by this section.
(f)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(g)    For an employee of an armored car company who is an applicant for a permit, the Secretary may accept a criminal background investigation performed on behalf of the armored car company in place of the criminal history records check required by this section if:
(1)    the criminal background investigation meets the minimum requirements established by the Department of State Police; and
(2)    the Secretary performs a cursory check to verify the facts listed in the criminal background investigation.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 3 - Handgun Permits › Section 5-307 - Scope of Permit

(a)    A permit is valid for each handgun legally in the possession of the person to whom the permit is issued.
(b)    The Secretary may limit the geographic area, circumstances, or times of the day, week, month, or year in which a permit is effective.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 3 - Handgun Permits › Section 5-309 - Term and Renewal of Permit

(a)    Except as provided in subsection (d) of this section, a permit expires on the last day of the holder’s birth month following 2 years after the date the permit is issued.
(b)    Subject to subsection (c) of this section, a permit may be renewed for successive periods of 3 years each if, at the time of an application for renewal, the applicant possesses the qualifications for the issuance of a permit and pays the renewal fee stated in this subtitle.
(c)    A person who applies for a renewal of a permit is not required to be fingerprinted unless the Secretary requires a set of the person’s fingerprints to resolve a question of the person’s identity.
(d)    The Secretary may establish an alternative expiration date for a permit to coincide with the expiration of a license, certification, or commission for:
(1)    a private detective under Title 13 of the Business Occupations and Professions Article;
(2)    a security guard under Title 19 of the Business Occupations and Professions Article; or
(3)    a special police officer under § 3–306 of this article.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 3 - Handgun Permits › Section 5-310 - Revocations

(a)    The Secretary may revoke a permit on a finding that the holder:
(1)    does not meet the qualifications described in § 5-306 of this subtitle; or
(2)    violated § 5-308 of this subtitle.
(b)    A holder of a permit that is revoked by the Secretary shall return the permit to the Secretary within 10 days after receipt of written notice of the revocation.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 3 - Handgun Permits › Section 5-311 - Informal Review of Secretary's Action

(a)    A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receipt of written notice of the Secretary’s initial action.
(b)    An informal review:
(1)    may include a personal interview of the person who requested the informal review; and
(2)    is not subject to Title 10, Subtitle 2 of the State Government Article.
(c)    In an informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the person who requested the informal review of the decision in writing within 30 days after receipt of the request for informal review.
(d)    A person need not file a request for an informal review under this section before requesting review under § 5-312 of this subtitle.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 3 - Handgun Permits › Section 5-312 - Action by Board

(a)    (1)    A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request to appeal the decision of the Secretary to the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings within 10 days after receipt of written notice of the Secretary’s final action.
(2)    A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings.
(b)    (1)    Within 60 days after the receipt of a request under subsection (a) of this section from the applicant or the holder of the permit, the Office of Administrative Hearings shall schedule and conduct a de novo hearing on the matter, at which witness testimony and other evidence may be provided.
(2)    Within 90 days after the conclusion of the last hearing on the matter, the Office of Administrative Hearings shall issue a finding of facts and a decision.
(3)    A party that is aggrieved by the decision of the Office of Administrative Hearings may appeal the decision to the circuit court.
(c)    (1)    Subject to subsection (b) of this section, any hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(2)    Notwithstanding paragraph (1) of this subsection, a court may not order the issuance or renewal of a permit or alter a limitation on a permit pending a final determination of the proceeding.
(d)    On or before January 1, 2019, 2020, 2021, and 2022, the Office of Administrative Hearings shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly:
(1)    the number of appeals of decisions by the Secretary that have been filed with the Office of Administrative Hearings within the previous year;
(2)    the number of decisions by the Secretary that have been sustained, modified, or reversed by the Office of Administrative Hearings within the previous year;
(3)    the number of appeals that are pending; and
(4)    the number of appeals that have been withdrawn within the previous year.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 3 - Handgun Permits › Section 5-313 - Failure to Return Revoked Permit

(a)    A person may not fail to return a revoked permit.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine of not less than $100 or exceeding $1,000 or both.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 3 - Handgun Permits › Section 5-314 - Carrying, Wearing, or Transporting Handgun While Under Influence of Alcohol or Drugs

(a)    A person who holds a permit may not wear, carry, or transport a handgun while the person is under the influence of alcohol or drugs.
(b)    A person who violates this section 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.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 4 - Handgun Roster › Section 5-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the Handgun Roster Board.
(c)    (1)    “Handgun” means a pistol, a revolver, or any other firearm capable of being concealed on the person.
(2)    “Handgun” does not include a shotgun, a rifle, a short–barreled rifle, a short–barreled shotgun, or an antique firearm.
(d)    “Handgun roster” means the roster of authorized handguns compiled by the Board under § 5–405 of this subtitle.
(e)    “Secretary” means the Secretary of State Police or the Secretary’s designee.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 4 - Handgun Roster › Section 5-402 - Application of Subtitle

(a)    This subtitle does not affect a person’s right to:
(1)    manufacture, sell, or offer to sell a rifle or other weapon that is not defined as a handgun in § 4-201 of the Criminal Law Article;
(2)    manufacture a prototype handgun model required for design, development, testing, and approval by the Board; and
(3)    manufacture in this State a handgun that is not on the handgun roster by a federally licensed gun manufacturer who is also licensed as a regulated firearms dealer in this State for direct sale to a unit of:
(i)    the federal government;
(ii)    a state other than this State;
(iii)    a local government in a state other than this State; or
(iv)    a law enforcement agency in a state other than this State.
(b)    (1)    A person is not strictly liable for damages for injuries to another that result from the criminal use of a firearm by a third person.
(2)    Paragraph (1) of this subsection does not apply if the person conspired with the third person to commit the criminal act in which the firearm was used or willfully aided, abetted, or caused the commission of the criminal act in which the firearm was used.
(3)    This subtitle does not otherwise negate, limit, or modify the doctrine of negligence or strict liability that relates to abnormally dangerous products or activities and defective products.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 4 - Handgun Roster › Section 5-404 - Handgun Roster Board

(a)    There is a Handgun Roster Board in the Department of State Police.
(b)    (1)    The Board consists of 11 members.
(2)    Of the 11 members of the Board:
(i)    one shall be the Secretary as an ex officio member;
(ii)    ten shall be appointed by the Governor with the advice and consent of the Senate; and
(iii)    all shall be Maryland residents.
(3)    Of the ten appointed members of the Board:
(i)    one shall be a representative of the Association of Chiefs of Police;
(ii)    one shall be a representative of the Maryland State’s Attorneys’ Association;
(iii)    one shall be a handgun dealer, gunsmith, or representative of a handgun manufacturer;
(iv)    one shall be a resident of the State who is a representative of the National Rifle Association or its affiliated State association;
(v)    one shall be a representative of an organization that advocates against handgun violence; and
(vi)    five shall be public members, two of whom shall be mechanical or electrical engineers.
(c)    The term of an appointed member is 4 years.
(d)    The Secretary shall serve as chairman.
(e)    The Board shall meet at the request of the chairman or of a majority of the members.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 4 - Handgun Roster › Section 5-406 - Manufacture or Sale of Handguns

(a)    (1)    Except as provided in § 5-402 of this subtitle, a person may not manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.
(2)    A person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster.
(3)    A person may not manufacture, sell, or offer for sale a handgun on which the manufacturer’s identification mark or number is obliterated, removed, changed, or otherwise altered.
(b)    The Secretary may seek an order from a circuit court to permanently or temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in violation of this section, of a handgun that is not included on the handgun roster.
(c)    (1)    A person who manufactures a handgun for distribution or sale in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each violation.
(2)    A person who sells or offers to sell a handgun in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 for each violation.
(3)    For purposes of this subsection, each handgun manufactured, sold, or offered for sale in violation of this subsection is a separate violation.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 5 - Cease Fire Council › Section 5-502 - Cease Fire Council

(a)    There is a Cease Fire Council in the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(b)    (1)    The Council consists of 11 members.
(2)    Of the 11 members of the Council:
(i)    one shall be the Secretary of Juvenile Services or a designee;
(ii)    one shall be the Secretary of State Police or a designee;
(iii)    one shall be the Secretary of Public Safety and Correctional Services or a designee;
(iv)    one shall be the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services or a designee;
(v)    two shall be State’s Attorneys who are recommended by the President of the Maryland State’s Attorneys’ Association, appointed by the Governor;
(vi)    one shall be a sheriff, appointed by the Governor;
(vii)    one shall represent the Maryland Chiefs of Police Association, appointed by the Governor;
(viii)    one shall represent the Maryland Municipal Police Executives Association, appointed by the Governor; and
(ix)    two shall represent the public, appointed by the Governor.
(c)    (1)    The appointed members serve at the pleasure of the Governor.
(2)    The term of an appointed member is 3 years.
(3)    The terms of the appointed members are staggered as required by the terms provided for appointed members of the Council on October 1, 2003.
(4)    At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(d)    The Secretary of State Police or the Secretary’s designee is the Chairman of the Council.
(e)    A member of the Council:
(1)    may not receive compensation as a member of the Council; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(f)    (1)    The Governor’s Office of Crime Prevention, Youth, and Victim Services shall provide staff support for the Council.
(2)    The Assistant Attorney General assigned to the Governor’s Office of Crime Prevention, Youth, and Victim Services is the legal advisor to the Council.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 5 - Cease Fire Council › Section 5-503 - Purpose and Duties

(a)    The purpose of the Council is to administer the Cease Fire Council Grant Program to support innovative and collaborative firearms violence reduction initiatives.
(b)    The Council shall:
(1)    make grants in accordance with § 5-504 of this subtitle;
(2)    establish or assist in the establishment of programs designed to reduce the incidence of firearms violence related crime and encourage participation in existing programs with these objectives;
(3)    identify specific goals, objectives, and methodologies to be used in support of programs eligible for funding under this subtitle;
(4)    identify priorities for firearms violence related crime prevention strategies in the State; and
(5)    develop criteria to evaluate the outcomes of programs that receive money under this subtitle.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 5 - Cease Fire Council › Section 5-504 - Cease Fire Council Grant Program

(a)    There is a Cease Fire Council Grant Program.
(b)    The Cease Fire Council Grant Program shall be funded as provided in the State budget.
(c)    Grants made by the Council shall be used to carry out the purposes of this subtitle.
(d)    When making grants, the Council shall consider and give priority to:
(1)    comprehensive and coordinated law enforcement and prosecution programs that target criminals and juveniles who use or illegally possess firearms;
(2)    law enforcement and prosecution salaries and overtime in support of firearm violence reduction programs;
(3)    covert firearms-related investigations and debriefing of criminal and juvenile arrestees and offenders for information related to illegal firearms trafficking;
(4)    initiatives that support the tracing of firearms used to commit crimes or delinquent acts and the identification of illegal firearms traffickers;
(5)    purchases of technology and information systems to support firearm violence reduction initiatives; and
(6)    other efforts that aid in apprehending and prosecuting criminals or apprehending and filing a complaint against juveniles who use or illegally possess firearms.
(e)    Expenditures from the Cease Fire Council Grant Program may be made only in accordance with the State budget or by budget amendment.
(f)    The Council shall adopt regulations for the grant process and the oversight of grants made by the Council.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 6 - Extreme Risk Protective Orders › Section 5-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Ammunition” has the meaning stated in § 5–133.1 of this title.
(c)    “Extreme risk protective order” means a civil interim, temporary, or final protective order issued in accordance with this subtitle.
(d)    “Firearm” has the meaning stated in § 5–101 of this title.
(e)    (1)    “Petitioner” means an individual who files a petition for an extreme risk protective order under this subtitle.
(2)    “Petitioner” includes:
(i)    a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage or family therapist, or health officer or designee of a health officer who has examined the individual;
(ii)    a law enforcement officer;
(iii)    the spouse of the respondent;
(iv)    a cohabitant of the respondent;
(v)    a person related to the respondent by blood, marriage, or adoption;
(vi)    an individual who has a child in common with the respondent;
(vii)    a current dating or intimate partner of the respondent; and
(viii)    a current or former legal guardian of the respondent.
(f)    “Respondent” means a person against whom a petition for an extreme risk protective order is filed.
2023 Maryland Statutes › Public Safety › Title 5 - Firearms › Subtitle 6 - Extreme Risk Protective Orders › Section 5-606 - Final Extreme Risk Protective Order -- Modification and Appeal

(a)    (1)    A final extreme risk protective order may be modified or rescinded during the term of the extreme risk protective order after:
(i)    giving notice to all affected persons and the respondent; and
(ii)    a hearing.
(2)    For good cause shown, a judge may extend the term of a final extreme risk protective order for 6 months beyond the period specified in § 5–605(f) of this subtitle after:
(i)    giving notice to all affected persons and the respondent; and
(ii)    a hearing.
(3)    (i)    If, during the term of a final extreme risk protective order, a petitioner files a motion to extend the term of the order under paragraph (2) of this subsection, the court shall hold a hearing on the motion within 30 days after the motion is filed.
(ii)    If the hearing on the motion is scheduled after the original expiration date of the final extreme risk protective order, the court shall extend the order and keep the terms of the order in full force and effect until the hearing on the motion.
(b)    (1)    If a District Court judge grants or denies a petition filed under this subtitle, a respondent or a petitioner may appeal to the circuit court for the county in which the District Court is located.
(2)    An appeal taken under this subsection to the circuit court shall be heard de novo in the circuit court not later than 60 days after the date the appeal is filed.
(3)    (i)    If an appeal is filed under this subsection, the District Court judgment shall remain in effect until superseded by a judgment of the circuit court.
(ii)    Unless the circuit court orders otherwise, modification or enforcement of the District Court order shall be by the District Court.