US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Maryland Statutes » Public Safety » Title 5 - Firearms » Subtitle 1 - Regulated Firearms

Section 5-102 – Scope of Subtitle

    This subtitle does not apply to:         (1)    the transfer or possession of a regulated firearm or detachable magazine:             (i)    for testing or experimentation authorized by the Secretary; and             (ii)    by a federally licensed gun manufacturer, dealer, or importer;         (2)    the sale, transfer, or possession of an antique firearm;         (3)    an unserviceable firearm sold, transferred, or possessed as a curio or […]

Section 5-103 – Effect of Subtitle

    This subtitle does not affect:         (1)    a sale or transfer for bona fide resale of a regulated firearm in the ordinary course of business of a licensee; or         (2)    a sale, rental, transfer, or the use of a regulated firearm by a person authorized or required to do so as part of the person’s duties as a […]

Section 5-104 – Preemption by State

    This subtitle supersedes any restriction that a local jurisdiction in the State imposes on a sale of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the sale of a regulated firearm.

Section 5-106 – Dealer’s License

    (a)    A person must lawfully possess a dealer’s license issued by the Secretary before the person engages in the business of selling, renting, or transferring regulated firearms.     (b)    One dealer’s license is required for each place of business where regulated firearms are sold.

Section 5-107 – Application for Dealer’s License

    (a)    (1)    An applicant for a dealer’s license shall:             (i)    submit to the Secretary an application on the form that the Secretary provides; and             (ii)    pay to the Secretary an application fee of $50, payable to the Comptroller.         (2)    A refund or proration of the application fee is prohibited.     (b)    An application for a dealer’s license shall contain:         (1)    the applicant’s name, […]

Section 5-108 – Criminal History Records Check

    (a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.     (b)    The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a dealer’s license.     (c)    As part of the application for a criminal history […]

Section 5-110 – Disapproval of Dealer’s License Application

    (a)    The Secretary shall disapprove an application for a dealer’s license if:         (1)    the Secretary determines that the applicant supplied false information or made a false statement;         (2)    the Secretary determines that the application is not properly completed;         (3)    the Secretary receives a written notification from the applicant’s licensed attending physician that the applicant suffers from a mental disorder […]

Section 5-111 – Term of Dealer’s License

    (a)    Unless a dealer’s license is renewed for a 1-year term as provided in this section, a dealer’s license expires on the first June 30 after its effective date.     (b)    (1)    Before a dealer’s license expires, the licensee periodically may renew it for an additional 1-year term, if the licensee:             (i)    is otherwise entitled to be licensed;             (ii)    pays to […]

Section 5-112 – Nontransferability of Dealer’s License; New Place of Business

    (a)    A dealer’s license is not transferable.     (b)    Before moving a place of business, a licensee shall inform the Secretary and surrender the dealer’s license.     (c)    If a cause to revoke the dealer’s license does not exist, the Secretary shall issue a new dealer’s license without charge covering the new place of business for the rest of the […]

Section 5-113 – Display of Dealer’s License

    (a)    A licensee shall display conspicuously the dealer’s license and any other license required by law at the licensee’s place of business.     (b)    The dealer’s license shall identify the licensee and the location of the licensee’s place of business.

Section 5-114 – Suspensions and Revocations — Grounds; Notice; Effect

    (a)    (1)    The Secretary shall suspend a dealer’s license if the licensee:             (i)    is under indictment for a crime of violence; or             (ii)    is arrested for a violation of this subtitle that prohibits the purchase or possession of a regulated firearm.         (2)    (i)    The Secretary may suspend a dealer’s license if the licensee is not in compliance with the record keeping […]

Section 5-115 – Suspensions and Revocations — Hearings

    (a)    (1)    A person whose dealer’s license is suspended or revoked or who is fined for a violation of this subtitle and who is aggrieved by the action of the Secretary may request a hearing by writing to the Secretary within 30 days after the Secretary forwards notice to the applicant under § 5–114(c) of this subtitle. […]

Section 5-116 – Judicial Review

    (a)    A revocation may not take effect while an appeal is pending.     (b)    Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

Section 5-117.1 – Handgun Qualification License Required for Purchase of Handguns

    (a)    This section does not apply to:         (1)    a licensed firearms manufacturer;         (2)    a law enforcement officer or person who is retired in good standing from service with a law enforcement agency of the United States, the State, or a local law enforcement agency of the State;         (3)    a member or retired member of the armed forces of the […]

Section 5-118 – Firearm Application

    (a)    A firearm applicant shall:         (1)    submit to a licensee or designated law enforcement agency a firearm application on the form that the Secretary provides; and         (2)    pay to the licensee or designated law enforcement agency an application fee of $10.     (b)    A firearm application shall contain:         (1)    the firearm applicant’s name, address, Social Security number, place and date of […]

Section 5-120 – Copies of Firearm Application; Fees

    (a)    (1)    On receipt of a firearm application, a licensee or designated law enforcement agency shall promptly forward one copy of it to the Secretary by electronic means approved by the Secretary.         (2)    The copy of the firearm application forwarded to the Secretary shall contain the name, address, and signature of the prospective seller, lessor, or transferor.     (b)    (1)    The […]

Section 5-121 – Investigation of Firearm Applicant

    (a)    On receipt of a firearm application, the Secretary shall conduct an investigation promptly to determine the truth or falsity of the information supplied and statements made in the firearm application.     (b)    In conducting an investigation under this subsection, the Secretary may request the assistance of the Police Commissioner of Baltimore City, the chief of police in […]