§ 5-205
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/md/public-safety/5-205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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.