About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

ati265794.tmp
Article - Public Safety
§5–205.  
(a)   This subtitle does not apply to a rifle or shotgun that is an antique firearm as defined in § 4–201 of the Criminal Law Article.
(b)   A person may not possess a rifle or shotgun if the person:
(1)   has been convicted of a disqualifying crime as defined in § 5–101 of this title;
(2)   has been convicted of a violation classified as a crime under common law and received a term of imprisonment of more than 2 years;
(3)   is a fugitive from justice;
(4)   is a habitual drunkard as defined in § 5–101 of this title;
(5)   is addicted to a controlled dangerous substance or is a habitual user as defined in § 5–101 of this title;
(6)   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 person or another;
(7)   has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article;
(8)   has been found not criminally responsible under § 3–110 of the Criminal Procedure Article;
(9)   has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;
(10)   has been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article;
(11)   is under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability;
(12)   except as provided in subsection (c) of this section, is a respondent against whom:
(i)   a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or
(ii)   an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or
(13)   if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.
(c)   This section does not apply to a person transporting a rifle or shotgun if the person is carrying a civil protective order requiring the surrender of the rifle or shotgun and:
(1)   the rifle or shotgun is unloaded;
(2)   the person has notified the law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the civil protective order; and
(3)   the person transports the rifle or shotgun directly to the law enforcement unit, barracks, or station.
(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 $1,000 or both.
(e)   A person who is disqualified from owning a rifle or shotgun under subsection (b)(6), (7), (8), (9), (10), or (11) of this section may seek relief from the disqualification in accordance with § 5–133.3 of this title.