(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, loan, or transfer a regulated firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows or has reasonable cause to believe:
(1) is under the age of 21 years, unless the regulated firearm is loaned to a borrower who may possess the regulated firearm under § 5–133(d) of this subtitle;
(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(i)(2) of the Health – General Article, and has a history of violent behavior against the purchaser, lessee, borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee possesses a physician’s certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, borrower, 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, borrower, or transferee possesses a physician’s certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, borrower, 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;
(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 and Standards Commission or that meets standards established by the Police Training and Standards Commission under § 3–207 of this article; or
(15) intends to use the regulated firearm to:
(i) commit a crime; or
(ii) cause harm to the purchaser, lessee, transferee, or recipient or another person.
(c) A person is not required to complete a certified firearms safety training course under subsection (b)(14) of this section if the person:
(1) has already completed a certified firearms safety training course required under subsection (b)(14) of this section;
(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;
(5) has been issued a permit to carry a handgun under Subtitle 3 of this title; or
(6) is the borrower of a firearm.
(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.
Structure Maryland Statutes
Subtitle 1 - Regulated Firearms
Section 5-102 - Scope of Subtitle
Section 5-103 - Effect of Subtitle
Section 5-104 - Preemption by State
Section 5-106 - Dealer's License
Section 5-107 - Application for Dealer's License
Section 5-108 - Criminal History Records Check
Section 5-109 - Investigation of Applicant for Dealer's License
Section 5-110 - Disapproval of Dealer's License Application
Section 5-111 - Term of Dealer's License
Section 5-112 - Nontransferability of Dealer's License; New Place of Business
Section 5-113 - Display of Dealer's License
Section 5-114 - Suspensions and Revocations -- Grounds; Notice; Effect
Section 5-115 - Suspensions and Revocations -- Hearings
Section 5-116 - Judicial Review
Section 5-117 - Application for Regulated Firearm Required
Section 5-117.1 - Handgun Qualification License Required for Purchase of Handguns
Section 5-118 - Firearm Application
Section 5-120 - Copies of Firearm Application; Fees
Section 5-121 - Investigation of Firearm Applicant
Section 5-122 - Disapproval of Firearm Application
Section 5-123 - Time for Licensee to Complete Transactions
Section 5-124 - Secondary Transactions
Section 5-125 - Approved, on Hold, and Disapproved Applications
Section 5-127 - Judicial Review
Section 5-128 - Purchases Within 30 Days -- in General
Section 5-129 - Purchases Within 30 Days -- Multiple Purchases Allowed
Section 5-132 - Handgun Safety Devices
Section 5-133 - Restrictions on Possession of Regulated Firearms
Section 5-133.1 - Restrictions on Possession of Ammunition
Section 5-133.2 - Reporting by Courts or Health Facilities
Section 5-133.3 - Relief From Firearms Disqualification
Section 5-134 - Restrictions on Sale, Rental, or Transfer of Regulated Firearms
Section 5-135 - Regulated Firearms Subject to Seizure
Section 5-136 - Straw Purchases
Section 5-137 - Out-of-State Purchases
Section 5-138 - Sale, Transfer, or Disposal of Stolen Regulated Firearm Prohibited
Section 5-139 - False Information or Misstatement in Application
Section 5-140 - Transporting Regulated Firearm for Unlawful Sale or Trafficking
Section 5-141 - Knowing Participation in Straw Purchase
Section 5-142 - Removal or Alteration of Identification Mark or Number on Firearm
Section 5-143 - Registration Requirements for Persons Moving Into State
Section 5-144 - Knowing Participation in Violation of Subtitle