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Statutes Text

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, 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.