Maryland Statutes
Subtitle 1 - Regulated Firearms
Section 5-134 - Restrictions on Sale, Rental, or Transfer of Regulated Firearms

(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

Maryland Statutes

Public Safety

Title 5 - Firearms

Subtitle 1 - Regulated Firearms

Section 5-101 - Definitions

Section 5-102 - Scope of Subtitle

Section 5-103 - Effect of Subtitle

Section 5-104 - Preemption by State

Section 5-105 - Regulations

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 5-126 - Hearings

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 5-130 - Gun Shows

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

Section 5-145 - Record Keeping Duties of Licensed Dealers

Section 5-146 - Lost or Stolen Regulated Firearms