Article - Public Safety
(a) In this subtitle
the following words have the meanings indicated.
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;
(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
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; or
(ii) that was expunged
under Title 10, Subtitle 1 of the Criminal Procedure Article.
of violence” means:
(2) arson in the
(3) assault in
the first or second degree;
(4) burglary in
the first, second, or third degree;
and armed carjacking;
(6) escape in the
(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;
(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) an attempt
to commit any of the crimes listed in items (1) through (16) of this
(18) assault with
intent to commit any of the crimes listed in items (1) through (16)
of this subsection or a crime punishable by imprisonment for more
than 1 year.
means a person who is engaged in the business of:
(1) selling, renting,
or transferring firearms at wholesale or retail; or
(2) repairing firearms.
license” means a State regulated firearms dealer’s license.
law enforcement agency” means a law enforcement agency that
the Secretary designates to process applications to purchase regulated
firearms for secondary sales.
(1) a crime of
(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”
(i) a weapon that
expels, is designed to expel, or may readily be converted to expel
a projectile by the action of an explosive; or
(ii) the frame
or receiver of such a weapon.
includes a starter gun.
applicant” means a person who makes a firearm application.
application” means an application to purchase, rent, or transfer
a regulated firearm.
from justice” means a person who has fled to avoid prosecution
or giving testimony in a criminal proceeding.
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.
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.
includes signal, starter, and blank pistols.
qualification license” means a license issued by the Secretary
that authorizes a person to purchase, rent, or receive a handgun.
means a person who holds a dealer’s license.
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.
(1) a handgun;
(2) a firearm that
is any of the following specific assault weapons or their copies,
regardless of which company produced and manufactured that assault
(i) American Arms
Spectre da Semiautomatic carbine;
in all forms;
(iii) Algimec AGM–1
(iv) AR 100 type
(v) AR 180 type
Automatic Arms SAR type semi–auto;
Thompson M1 and 1927 semi–automatics;
(ix) Barrett light
.50 cal. semi–auto;
(x) Beretta AR70
(xii) Calico models
M–100 and M–900;
(xiii) CIS SR 88
HI TEC C–9 carbines;
(xv) Colt AR–15,
CAR–15, and all imitations except Colt AR–15 Sporter H–BAR
(xvi) Daewoo MAX
1 and MAX 2, aka AR 100, 110C, K–1, and K–2;
Chinese made semi–auto;
(xviii) Famas semi–auto
(xix) Feather AT–9
(xx) FN LAR and
FN FAL assault rifle;
(xxi) FNC semi–auto
LAW 12 and SPAS 12 assault shotgun;
(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
Kalashnikov semiautomatic rifle in any format;
Arms “Commando” MK–45, MK–9;
TAC–1 semi–auto carbine;
model 500 Bullpup assault shotgun;
mini–14 folding stock model (.223 caliber);
(xxxiv) SIG 550/551
assault rifle (.223 caliber);
(xxxv) SKS with
Commando type semi–auto;
Armory BM–59, SAR–48, G3, SAR–3, M–21 sniper
rifle, M1A, excluding the M1 Garand;
sweeper assault type shotgun;
12 assault shotgun in all formats;
(xl) Unique F11
(xli) Daewoo USAS
12 semi–auto shotgun;
(xlii) UZI 9mm
carbine or rifle;
M–76 and M–78 semi–auto;
(xliv) Weaver Arms “Nighthawk”
semi–auto carbine; or
Arms 9mm semi–auto “Terry”.
means the temporary transfer for consideration of a regulated firearm
that is taken from the property of the owner of the regulated firearm.
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.
means the Secretary of State Police or the Secretary’s designee.
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
transfer the regulated firearm to the person.