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

Section 5-122 – Disapproval of Firearm Application

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

Section 5-123 – Time for Licensee to Complete Transactions

    (a)    A licensee may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by the prospective seller or transferor to the Secretary.     (b)    A licensee shall complete the sale, rental, or transfer of a regulated […]

Section 5-124 – Secondary Transactions

    (a)    (1)    A person who is not a licensee may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by a licensee to the Secretary.         (2)    As an alternative to completing a secondary sale of […]

Section 5-125 – Approved, on Hold, and Disapproved Applications

    (a)    An approved firearm application is valid only for the purchase, rental, or transfer of the regulated firearm listed in the firearm application.     (b)    A licensee or other person may not sell, rent, or transfer a regulated firearm to a firearm applicant whose firearm application is placed on hold because of an open disposition of criminal proceedings […]

Section 5-126 – Hearings

    (a)    (1)    A firearm applicant 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 firearm applicant under § 5-122 of this subtitle.         (2)    The Secretary shall grant the hearing within 15 days after receiving the request.     (b)    The hearing shall […]

Section 5-128 – Purchases Within 30 Days — in General

    (a)    Subsection (b) of this section does not apply to:         (1)    a law enforcement agency;         (2)    an agency authorized to perform law enforcement duties;         (3)    a State or local correctional facility;         (4)    a private security company licensed to do business in the State;         (5)    the purchase of an antique firearm;         (6)    a purchase by a licensee;         (7)    the exchange or replacement of a […]

Section 5-129 – Purchases Within 30 Days — Multiple Purchases Allowed

    (a)    Notwithstanding § 5-128(b) of this subtitle, a person may purchase more than one regulated firearm in a 30-day period if:         (1)    the person applies for and the Secretary approves a multiple purchase; and         (2)    (i)    the purchase of the regulated firearms is for a private collection or a collector series;             (ii)    the purchase of the regulated firearms is a […]

Section 5-130 – Gun Shows

    (a)    In this section, “gun show” means any organized gathering open to the public at which any firearm is displayed.     (b)    Subsections (c) through (h) of this section do not apply to a licensee.     (c)    A person must obtain a temporary transfer permit issued by the Secretary before the person displays a regulated firearm for sale or transfer […]

Section 5-132 – Handgun Safety Devices

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Authorized user” means the owner of a handgun or a person authorized by the owner to possess and use the handgun.         (3)    “External safety lock” means an external device that is:             (i)    attached to a handgun with a key or combination lock; and             (ii)    designed to prevent a […]

Section 5-133 – Restrictions on Possession of Regulated Firearms

    (a)    This section supersedes any restriction that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.     (b)    Subject to § 5–133.3 of this subtitle, a person may not possess a […]

Section 5-133.1 – Restrictions on Possession of Ammunition

    (a)    In this section, “ammunition” means a cartridge, shell, or any other device containing explosive or incendiary material designed and intended for use in a firearm.     (b)    A person may not possess ammunition if the person is prohibited from possessing a regulated firearm under § 5–133 (b) or (c) of this subtitle.     (c)    A person who violates this […]

Section 5-133.2 – Reporting by Courts or Health Facilities

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Facility” has the meaning stated in § 10–101 of the Health – General Article.         (3)    “NICS Index” means the Federal Bureau of Investigation’s National Instant Criminal Background Check System.     (b)    (1)    A court shall promptly report information required in paragraph (2) of this subsection through a secure data […]

Section 5-133.3 – Relief From Firearms Disqualification

    (a)    In this section, “Health Department” means the Maryland Department of Health.     (b)    A person subject to a regulated firearms disqualification under § 5–133(b)(6), (7), (8), (9), (10), or (11) of this subtitle, a rifle or shotgun disqualification under § 5–205(b)(6), (7), (8), (9), (10), or (11) of this title, or prohibited from the shipment, transportation, possession, […]

Section 5-134 – Restrictions on Sale, Rental, or Transfer of Regulated Firearms

    (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 […]

Section 5-135 – Regulated Firearms Subject to Seizure

    A regulated firearm that is sold, rented, transferred, possessed, received, or purchased in violation of this subtitle may be:         (1)    seized by a law enforcement agency as contraband; and         (2)    after a finding of guilt, disposed of in accordance with Title 13, Subtitle 2 of the Criminal Procedure Article.

Section 5-136 – Straw Purchases

    (a)    (1)    This section does not apply to a person who purchases a regulated firearm as a gift if:             (i)    the regulated firearm is a gift to a resident of the State; and             (ii)    1.    both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or […]

Section 5-137 – Out-of-State Purchases

    (a)    A person who seeks to own a regulated firearm and purchases the regulated firearm from an out-of-state federally licensed gun importer, manufacturer, or dealer shall:         (1)    have the federally licensed importer, manufacturer, or dealer ship the regulated firearm to a licensee for processing; and         (2)    comply with §§ 5-103, 5-104, 5-117 through 5-129, and 5-136 of this […]

Section 5-139 – False Information or Misstatement in Application

    (a)    A person may not knowingly give false information or make a material misstatement in a firearm application or in an application for a dealer’s license.     (b)    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 $5,000 or both.