Section 5-134 - Restrictions on sale, rental, or transfer of regulated firearms. - Maryland Statutes

§ 5-134. Restrictions on sale, rental, or transfer of regulated firearms.
 

(a)  Preemption by State.- 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)  Sale, rental, or transfer of regulated firearm prohibited.- A dealer or other person may not sell, rent, or transfer a regulated firearm to a purchaser, lessee, or transferee who the dealer or other person knows or has reasonable cause to believe: 

(1) is under the age of 21 years; 

(2) has been convicted of a disqualifying crime; 

(3) has been convicted of a conspiracy to commit a felony; 

(4) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years; 

(5) is a fugitive from justice; 

(6) is a habitual drunkard; 

(7) is addicted to a controlled dangerous substance or is a habitual user; 

(8) suffers from a mental disorder as defined in § 10-101(f)(2) of the Health - General Article, and has a history of violent behavior against the purchaser, lessee, or transferee or another, unless the purchaser, lessee, or transferee possesses a physician's certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, or transferee or to another; 

(9) has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article, unless the purchaser, lessee, or transferee possesses a physician's certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, or transferee or to another; 

(10) is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; 

(11) if under the age of 30 years at the time of the transaction, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult; 

(12) is visibly under the influence of alcohol or drugs; 

(13) is a participant in a straw purchase; or 

(14) subject to subsection (c) of this section for a transaction under this subsection that is made on or after January 1, 2002, has not completed a certified firearms safety training course conducted free of charge by the Police Training Commission or that meets standards established by the Police Training Commission under § 3-207 of this article. 

(c)  Exemption from certified firearms training course requirement.- A person is not required to complete a certified firearms safety training course under subsection (b)(14) of this section and § 5-118(b)(3)(x) of this subtitle if the person: 

(1) has already completed a certified firearms safety training course required under subsection (b)(14) of this section and § 5-118(b)(3)(x) of this subtitle; 

(2) is a law enforcement officer of the State or any local law enforcement agency in the State; 

(3) is a member, retired member, or honorably discharged member of the armed forces of the United States or the National Guard; 

(4) is a member of an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition; or 

(5) has been issued a permit to carry a handgun under Subtitle 3 of this title. 

(d)  Sale, rental, or transfer of regulated firearm to minor prohibited.-  

(1) A person may not sell, rent, or transfer: 

(i) ammunition solely designed for a regulated firearm to a person who is under the age of 21 years; or 

(ii) 1. a firearm other than a regulated firearm to a minor; 

2. ammunition for a firearm to a minor; 

3. pepper mace, which is an aerosol propelled combination of highly disabling irritant based products and is also known as oleo-resin capsicum (O.C.) spray, to a minor; or 

4. another deadly weapon to a minor. 

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. 
 

[An. Code 1957, art. 27, §§ 441(p), 445(a), (b), (b-1), (c), 449(a); 2003, ch. 5, § 2.]