Bill number does not exist. Enter a vaild keyword.

Statutes Text

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:

        (1)    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:

            (i)    the rifle or shotgun is unloaded;

            (ii)    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

            (iii)    the person transports the rifle or shotgun directly to the law enforcement unit, barracks, or station; or

        (2)    the carrying or transporting of a rifle or shotgun by a person who is carrying a court order requiring the surrender of the rifle or shotgun, if:

            (i)    the rifle or shotgun is unloaded;

            (ii)    the person has notified a law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the order; and

            (iii)    the person transports the rifle or shotgun directly to a State or local law enforcement agency or a federally licensed firearms dealer.

    (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.



Click to return on the top page