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<chapter heading="Chapter 57. Weapons.">
  <section heading="Sec. 57-1. Definitions.">
    <paragraph indent="1">In this Chapter, the following words and phrases have the following meanings:</paragraph>
    <paragraph indent="1">3D printing process: a process of making a three-dimensional, solid object using a computer code or program, including any process in which material is joined or solidified under computer control to create a three-dimensional object.</paragraph>
    <paragraph indent="1">Child safety handgun box: A secure, lockable box designed to hold the handgun being transferred that:</paragraph>
    <paragraph indent="1">(1)   requires a key or combination to remove;</paragraph>
    <paragraph indent="1">(2)   renders the handgun inoperable when locked; and</paragraph>
    <paragraph indent="1">(3)   is approved by Executive regulation under method (2).</paragraph>
    <paragraph indent="1">Child safety handgun device: A child safety handgun lock or child safety handgun box.</paragraph>
    <paragraph indent="1">Child safety handgun lock: A device that when locked in place prevents movement of the trigger of the handgun being transferred without first removing the lock by use of a key or combination.  "Child safety handgun lock" also includes any other device that can be attached to a handgun and:</paragraph>
    <paragraph indent="1">(1)   requires a key or combination to remove;</paragraph>
    <paragraph indent="1">(2)   renders the handgun inoperable when locked in place; and</paragraph>
    <paragraph indent="1">(3)   is approved by Executive regulation under method (2).</paragraph>
    <paragraph indent="1">Crime of violence: Murder, voluntary manslaughter, rape, mayhem, kidnapping, robbery, burglary, housebreaking, arson, assault with intent to murder, ravish or rob, assault with deadly weapon or assault with intent to commit any offense punishable by imprisonment for more than one (1) year.</paragraph>
    <paragraph indent="1">Firearm dealer: A person required by State or federal law to obtain a:</paragraph>
    <paragraph indent="1">(1)   regulated firearms dealer’s license; or</paragraph>
    <paragraph indent="1">(2)   temporary transfer permit to display a regulated firearm at a gun show.</paragraph>
    <paragraph indent="1">Fixed ammunition: Any ammunition composed of a projectile or projectiles, a casing, an explosive charge and a primer, all of which shall be contained as one (1) unit. Cartridges designed, made and intended to be used exclusively (i) in a device for signaling and safety purposes required or recommended by the United States Coast Guard or (ii) for industrial purposes, shall not be considered fixed ammunition. Curios or relics, as defined in regulations promulgated by the United States Secretary of the Treasury pursuant to 18 United States Code, section 921(A)(13), shall not be considered fixed ammunition.</paragraph>
    <paragraph indent="1">Fugitive from justice: Any person for whom criminal proceedings have been instituted, warrant issued or indictment presented to the grand jury, who has fled from a sheriff or other peace officer within this state, or who has fled from any state, territory, District of Columbia or possession of the United States, to avoid prosecution for crime of violence or to avoid giving testimony in any criminal proceeding involving a felony or treason.</paragraph>
    <paragraph indent="1">Gun or firearm: Any rifle, shotgun, revolver, pistol, ghost gun, undetectable gun, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring or elastic.</paragraph>
    <paragraph indent="1">(1)   The term “antique firearm” means (a) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in subparagraph (a) if such replica (i) is not designed or redesigned or using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.</paragraph>
    <paragraph indent="1">(2)   “Ghost gun” means a firearm, including an unfinished frame or receiver, that:</paragraph>
    <paragraph indent="2">(A)   lacks a unique serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, maker or importer in accordance with federal law; and</paragraph>
    <paragraph indent="2">(B)   lacks markings and is not registered with the Secretary of the State Police in accordance with Section 5-703(b)(2)(ii) of the Public Safety Article of the Maryland Code.</paragraph>
    <paragraph indent="2">“Ghost gun” does not include a firearm that has been rendered permanently inoperable, or a firearm that is not required to have a serial number in accordance with the Federal Gun Control Act of 1968.</paragraph>
    <paragraph indent="1">(3)   “Handgun” means any pistol, revolver or other firearm capable of being concealed on the person, including a short-barreled shotgun and a short-barreled rifle as these terms are defined below.  “Handgun” does not include a shotgun, rifle, or antique firearm.</paragraph>
    <paragraph indent="1">(4)   “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.</paragraph>
    <paragraph indent="1">(5)   The term “short-barreled rifle” means a rifle having one (1) or more barrels less than sixteen (16) inches in length and any weapon made from a rifle (whether by alternation, modification or otherwise) if such weapon, as modified, has an overall length of less than twenty-six (26) inches.</paragraph>
    <paragraph indent="1">(6)   The term “short-barreled shotgun” means a shotgun having one (1) or more barrels less than eighteen (18) inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such weapon as modified has an overall length of less than twenty-six (26) inches.</paragraph>
    <paragraph indent="1">(7)   “Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.</paragraph>
    <paragraph indent="1">(8)   “Undetectable gun” means:</paragraph>
    <paragraph indent="2">(A)   a firearm that, after the removal of all its parts other than a major component, is not detectable by walk-through metal detectors commonly used at airports or other public buildings;</paragraph>
    <paragraph indent="2">(B)   a major component that, if subjected to inspection by the types of detection devices commonly used at airports or other public buildings for security screening, would not generate an image that accurately depicts the shape of the component; or</paragraph>
    <paragraph indent="2">(C)   a firearm manufactured wholly of plastic, fiberglass, or through a 3D printing process.</paragraph>
    <paragraph indent="1">(9)   “Unfinished frame or receiver” means a forged, cast, printed, extruded, or machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm.</paragraph>
    <paragraph indent="1">Gun shop: An establishment where a handgun, rifle, or shotgun, or ammunition or major component of these guns is sold or transferred.  "Gun shop" does not include an area of an establishment that is separated by a secure, physical barrier from all areas where any of these items is located.</paragraph>
    <paragraph indent="1">Gun show: Any organized gathering where a gun is displayed for sale.</paragraph>
    <paragraph indent="1">Major component means, with respect to a firearm:</paragraph>
    <paragraph indent="1">(1)   the slide or cylinder or the frame or receiver; and</paragraph>
    <paragraph indent="1">(2)   in the case of a rifle or shotgun, the barrel.</paragraph>
    <paragraph indent="1">Minor: An individual younger than 18 years old.</paragraph>
    <paragraph indent="1">Pistol or revolver: Any gun with a barrel less than twelve (12) inches in length that uses fixed ammunition.</paragraph>
    <paragraph indent="1">Place of public assembly: A “place of public assembly” is:</paragraph>
    <paragraph indent="1">(1)   a publicly or privately owned:</paragraph>
    <paragraph indent="2">(A)   park;</paragraph>
    <paragraph indent="2">(B)   place of worship;</paragraph>
    <paragraph indent="2">(C)   school;</paragraph>
    <paragraph indent="2">(D)   library;</paragraph>
    <paragraph indent="2">(E)   recreational facility;</paragraph>
    <paragraph indent="2">(F)   hospital;</paragraph>
    <paragraph indent="2">(G)   community health center, including any health care facility or community-based program licensed by the Maryland Department of Health;;</paragraph>
    <paragraph indent="2">(H)   long-term facility, including any licensed nursing home, group home, or care home;</paragraph>
    <paragraph indent="2">(I)   multipurpose exhibition facility, such as a fairgrounds or conference center; or</paragraph>
    <paragraph indent="2">(J)   childcare facility;</paragraph>
    <paragraph indent="1">(2)   government building, including any place owned by or under the control of the County;</paragraph>
    <paragraph indent="1">(3)   polling place;</paragraph>
    <paragraph indent="1">(4)   courthouse;</paragraph>
    <paragraph indent="1">(5)   legislative assembly; or</paragraph>
    <paragraph indent="1">(6)   a gathering of individuals to collectively express their constitutional right to protest or assemble.</paragraph>
    <paragraph indent="1">A “place of public assembly” includes all property associated with the place, such as a parking lot or grounds of a building.</paragraph>
    <paragraph indent="1">Record plat means a subdivision plat recorded in the County’s land records.</paragraph>
    <paragraph indent="1">Sell or purchase: Such terms and the various derivatives of such words shall be construed to include letting on hire, giving, lending, borrowing or otherwise transferring.</paragraph>
    <paragraph indent="1">Sporting use: "Sporting use" of a firearm and ammunition means hunting or target shooting in compliance with all federal, State, and local laws.  Sporting use includes:</paragraph>
    <paragraph indent="1">(a)   participation in a managed hunt sponsored by a government agency; and</paragraph>
    <paragraph indent="1">(b)   the sale or other transfer of ammunition by a sporting club for immediate, on-site use at the club.</paragraph>
    <paragraph indent="1">Tax assessment record means the information maintained by the State Department of Assessments and Taxation in its Real Property Database on each parcel of real property located in the County, including the tax map for each parcel.</paragraph>
    <paragraph indent="1">Urban area: That part of the County within the following boundaries:  Beginning at a point where the Maryland/District of Columbia boundary line in the County intersects with the Maryland/Virginia boundary line on the southwest side of the Potomac River; running then northwest along the Maryland/Virginia boundary line to the emptying of Watts Branch into the Potomac River; then northwest along the northeast side of the Potomac River to the emptying of Seneca Creek into the Potomac River; then north along Seneca Creek to Route 112 (Seneca Road); then east along Route 112 to Route 28 (Darnestown Road); then northwest along Route 28 to Route 118 (Darnestown-Germantown Road); then north along Route 118 to Route 117 (Clopper Road); then northwest along Route 117 to Little Seneca Creek; then northeast along Little Seneca Creek to Black Hill Regional Park; then along the eastern boundary of Black Hill Regional Park to the Park’s southernmost intersection with I-270; then northwest along I-270 to Little Seneca Creek; then north along Little Seneca Creek to West Old Baltimore Road; then east along West Old Baltimore Road to Route 355 (Frederick Road); then south along Route 355 to Brink Road; then southeast on Brink Road to the Town of Laytonsville; then along the northern boundary of the Town of Laytonsville to Route 420 (Sundown Road); then east along Route 420 to Route 650 (Damascus Road); then southeast along Route 650 to Route 97 (Georgia Avenue); then south along Route 97 to Brighton Dam Road; then northeast along Brighton Dam Road to Route 650 (New Hampshire Avenue); then south along Route 650 to Route 108; then east along Route 108 to the Potomac Electric Power Company transmission line property; then southeast along the east side of the Potomac Electric Power Company right-of-way to Batson Road; then following along the southern boundary of the Washington Suburban Sanitary Commission property to Kruhm Road; then southeast along Kruhm Road to the Potomac Electric Power Company right-of-way; then southeast along the east side of the Potomac Electric Power Company right-of-way to Route 198; then east along Route 198 to the Prince George’s County/Montgomery County boundary line; then southwest along the Montgomery County/Prince George’s County boundary line to the Montgomery County/District of Columbia boundary line; then along the Montgomery County/District of Columbia boundary line to the beginning point.</paragraph>
    <paragraph indent="1">Vehicle: Any motor vehicle, as defined in the Transportation Article of the Annotated Code of Maryland, trains, aircraft and vessels.</paragraph>
  </section>
  <section heading="Sec. 57-2. Firearm Safety Committee.">
    <paragraph indent="1">(a)   There is a Firearm Safety Committee with 7 voting members appointed by the County Executive and confirmed by the County Council. The voting members should be trained and experienced in the safe and sportsmanlike use of weapons.  The Executive must designate one voting member to serve as Chair. The Police Range Officer must serve as a non-voting member of the Committee.</paragraph>
    <paragraph indent="1">(b)   The Committee issues indoor and outdoor target, trap, skeet,  and shooting  range approval certificates. The Committee may specify the type of gun and ammunition  that may be used on  the range. An approval certificate is valid for 3 years. Before issuing a certificate, the Committee must find that:</paragraph>
    <paragraph indent="2">(1)   the discharge of guns on the range will not jeopardize life or property; and</paragraph>
    <paragraph indent="2">(2)   the applicant for the certificate is the owner, lessee, or person lawfully in possession of the land where the range is located.</paragraph>
    <paragraph indent="1">(c)   The Committee must inspect any firing range operated by the Police Department every 3 years.</paragraph>
    <paragraph indent="1">(d)   The Committee must create a standard safety checklist to assure that all firing ranges are evaluated using the same criteria.</paragraph>
    <paragraph indent="1">(e)   The Committee must keep a copy of each certificate.</paragraph>
  </section>
  <section heading="Sec. 57-3. Change in urban area boundary.">
    <paragraph indent="1">On February 1 each year, the County Executive, after consulting with the Firearm Safety Committee, may recommend to the County Council any appropriate change in the boundary of the urban area based on new development or reported incidents of weapons discharged near developed areas. In addition, the County Executive, without consultation, may recommend any amendment to the boundary of the urban area at any other time.</paragraph>
  </section>
  <section heading="Sec. 57-4. Discharge of guns in the urban area.">
    <paragraph indent="1">(a)   Prohibition.  Except as provided in subsection (b), a person, other than a peace officer or employee of the Maryland Department of Natural Resources performing official duties, must not discharge a gun within the urban area.</paragraph>
    <paragraph indent="1">(b)   Exceptions.  Except as provided in Sections 57-7 and 57-11, a person may discharge a gun:</paragraph>
    <paragraph indent="2">(1)   on any indoor or outdoor target, trap, skeet, or shooting range that the Firearms Safety Committee has inspected and approved in writing;</paragraph>
    <paragraph indent="2">(2)   in a private basement or cellar target range;</paragraph>
    <paragraph indent="2">(3)   when necessary to protect life or property;</paragraph>
    <paragraph indent="2">(4)   to kill a dangerous animal;</paragraph>
    <paragraph indent="2">(5)   for discharge of blank cartridges in musical and theatrical performances, parades, or sporting events;</paragraph>
    <paragraph indent="2">(6)   for salutes by firing squads at military funerals;</paragraph>
    <paragraph indent="2">(7)   if approved by the Chief of Police, under a deer damage control permit issued by the Maryland Department of Natural Resources;</paragraph>
    <paragraph indent="2">(8)   for the purpose of deer hunting on private property that is at least 50 acres in size if:</paragraph>
    <paragraph indent="3">(A)   the person discharges the gun from an elevated position;</paragraph>
    <paragraph indent="3">(B)   the person does not load the gun until the person is located in the elevated position;</paragraph>
    <paragraph indent="3">(C)   the person unloads the gun before descending from the elevated position;</paragraph>
    <paragraph indent="3">(D)   the projectile has a downward trajectory;</paragraph>
    <paragraph indent="3">(E)   the property owner complies with any public notice requirements in applicable regulations; and</paragraph>
    <paragraph indent="3">(F)   the property owner gives written notice to the Chief of Police at least 15 days before any gun is discharged on the property which:</paragraph>
    <paragraph indent="4">1.   identifies the day or days on which deer hunting will occur;</paragraph>
    <paragraph indent="4">2.   identifies the time that deer hunting will begin and end each day;</paragraph>
    <paragraph indent="4">3.   lists the name of each individual who will participate in deer hunting; and</paragraph>
    <paragraph indent="4">4.   includes a copy of the record plat or tax assessment record for the property; or</paragraph>
    <paragraph indent="2">(9)   on property owned by the Maryland-National Capital Park and Planning Commission as a part of a deer management program conducted or sanctioned by the Commission that complies with safety requirements approved by the Chief of Police.</paragraph>
    <paragraph indent="1">(c)   50-acre threshold.</paragraph>
    <paragraph indent="2">(1)   Subject to the requirements of paragraph (2), up to 5 owners of contiguous parcels of property may aggregate their property to meet the 50-acre threshold in subsection (b)(8).</paragraph>
    <paragraph indent="2">(2)   If property owners aggregate their parcels to achieve the 50-acre threshold in subsection (b)(8), a person may discharge a gun for the purpose of deer hunting on the aggregated property if the person obtains written permission from each property owner, which must include a copy of the record plat or tax assessment record for each parcel in the aggregated property.</paragraph>
    <paragraph indent="1">(d)   A person who discharges a gun under the authority granted in subsection (b)(7), (b)(8), or (b)(9) is subject to the restrictions imposed by Section 57-5(a) on the discharge of a gun outside the urban area.</paragraph>
    <paragraph indent="1">(e)   Regulations. The County Executive must adopt regulations under method (2) which:</paragraph>
    <paragraph indent="2">(1)   establish procedures and criteria that the Chief of Police must use to decide whether it is safe to discharge a gun under the circumstances specified in subsection (b)(7); and</paragraph>
    <paragraph indent="2">(2)   to implement subsection (b)(8):</paragraph>
    <paragraph indent="3">(A)   require signs to be posted along the perimeter of each applicable property at least 15 days before any gun is discharged on the property;</paragraph>
    <paragraph indent="3">(B)   specify the size, wording, and location of each sign; and</paragraph>
    <paragraph indent="3">(C)   identify a method to determine the number of signs that must be posted.</paragraph>
  </section>
  <section heading="Sec. 57-5. Discharge of guns outside the urban area.">
    <paragraph indent="1">(a)    Prohibition.  Except as provided in subsection (c)(1) through (c)(6), outside the urban area, a person, other than a peace officer or employee of the Maryland Department of Natural Resources performing official duties, must not:</paragraph>
    <paragraph indent="2">(1)   discharge a gun:</paragraph>
    <paragraph indent="3">(A)   onto, across, or within 50 yards of a public  road;</paragraph>
    <paragraph indent="3">(B)   onto or across property located within 50 yards of a public road;</paragraph>
    <paragraph indent="3">(C)   into or within the safety zone (150 yards of a building or camp designed for human occupancy)  without the owner or occupant's written consent; or</paragraph>
    <paragraph indent="3">(C)   from, onto, or across public or private property without the owner or occupant's written consent;</paragraph>
    <paragraph indent="2">(2)   discharge a full metal jacketed bullet of any caliber from a gun; or</paragraph>
    <paragraph indent="2">(3)   except as provided in subsection (b), discharge any fixed ammunition of a caliber higher than .25 caliber from a rifle or pistol.</paragraph>
    <paragraph indent="1">(b)   Exception - High Caliber Ammunition.  A person may discharge fixed ammunition of a caliber higher than .25 from a rifle or pistol at:</paragraph>
    <paragraph indent="3">(A)   legal game or varmints on the ground; or</paragraph>
    <paragraph indent="3">(B)   a target on or near the ground that will not deflect a bullet.</paragraph>
    <paragraph indent="1">(c)   Other Exceptions.  Except as provided in Sections 57-7 and 57-11, a person may discharge a gun:</paragraph>
    <paragraph indent="2">(1)   on any indoor or outdoor target, trap, skeet, or shooting range that the Firearm Safety Committee has inspected and approved in writing;</paragraph>
    <paragraph indent="2">(2)   in a private basement or cellar target range;</paragraph>
    <paragraph indent="2">(3)   when necessary to protect life or property;</paragraph>
    <paragraph indent="2">(4)   to kill a dangerous animal;</paragraph>
    <paragraph indent="2">(5)   for discharge of blank cartridges in musical and theatrical performances, parades, or sporting events;</paragraph>
    <paragraph indent="2">(6)   for salutes by firing squads at military funerals; or</paragraph>
    <paragraph indent="2">(7)   under a deer damage control permit issued by the Maryland Department of Natural Resources.</paragraph>
  </section>
  <section heading="Sec. 57-6. Discharge of bows.">
    <paragraph indent="1">(a)    Prohibition.  A person must not discharge a bow in the County:</paragraph>
    <paragraph indent="2">(1)   from, onto, or across a public road;</paragraph>
    <paragraph indent="2">(2)   in violation of the archery hunting safety zone established in Md. Code, Natural Resources, §10-410, as amended, surrounding a building or camp designed for human occupancy without the owner or occupant’s written consent; or</paragraph>
    <paragraph indent="2">(3)   from, onto, or across public or private property without the owner or occupant's written consent;</paragraph>
    <paragraph indent="1">(b)    Exception.  Subsection (a) does not apply to target archery practiced in compliance with safety guidelines established in regulations adopted under method (2).</paragraph>
    <paragraph indent="1">(c)   A bow hunter must report the failure to recover a wounded deer to the County Police at the end of an unsuccessful search for the animal.</paragraph>
  </section>
  <section heading="Sec. 57-7. Access to guns by minors.">
    <paragraph indent="1">(a)   A person must not give, sell, rent, lend, or otherwise transfer any rifle or shotgun or any ammunition or major component for these guns in the County to a minor.  This subsection does not apply when the transferor is at least 18 years old and is the  parent, guardian, or instructor of the minor, or in connection with a regularly conducted or supervised program of marksmanship or marksmanship training.</paragraph>
    <paragraph indent="1">(b)   An owner, employee, or agent of a gun shop must not allow a minor to, and a minor must not, enter the gun shop unless the minor is accompanied by a parent or other legal guardian at all times when the minor is in the gun shop.</paragraph>
    <paragraph indent="1">(c)   A person must not give, sell, rent, lend, or otherwise transfer to a minor:</paragraph>
    <paragraph indent="2">(1)   a ghost gun or major component of a ghost gun;</paragraph>
    <paragraph indent="2">(2)   an undetectable gun or major component of an undetectable gun; or</paragraph>
    <paragraph indent="2">(3)   a computer code or program to make a gun through a 3D printing process.</paragraph>
    <paragraph indent="1">(d)   A person must not purchase, sell, transfer, possess, or transport a ghost gun, including a gun created through a 3D printing process, in the presence of a minor.</paragraph>
    <paragraph indent="1">(e)   A person must not store or leave a ghost gun, an undetectable gun, or a major component of a ghost gun or an undetectable gun, in a location that the person knows or should know is accessible to a minor.</paragraph>
    <paragraph indent="1">(f)   This section must be construed as broadly as possible within the limits of State law to protect minors.</paragraph>
  </section>
  <section heading="Sec. 57-8. Child safety handgun devices and handguns.">
    <paragraph indent="1">(a)   Findings.  The unintentional discharge of handguns often causes accidental death or injury to children.  Additional safeguards are needed to protect children from injury or death from the unintentional discharge of loaded and unlocked handguns.  Requiring a firearm dealer who transfers a handgun to provide a child safety handgun device when a handgun is transferred can prevent unintentional injuries and fatalities to children.</paragraph>
    <paragraph indent="1">(b)   Child safety handgun device.</paragraph>
    <paragraph indent="2">(1)   A firearm dealer who sells, leases, or otherwise transfers a handgun in the County must provide to the recipient of the handgun a child safety handgun device for the handgun at the time of the transfer.  The dealer may charge for the child safety handgun device.</paragraph>
    <paragraph indent="2">(2)   A person who purchases or otherwise receives a handgun from a firearm dealer (or any transferor who would be a firearm dealer if the transfer occurred in the State) after October 8, 1997 must obtain a child safety handgun device for the handgun:</paragraph>
    <paragraph indent="3">(A)   at the time of a transfer in the County; or</paragraph>
    <paragraph indent="3">(B)   before entering the County with the handgun if the transfer occurred outside the County and the transferee resides in the County.</paragraph>
    <paragraph indent="1">(c)   Notices.</paragraph>
    <paragraph indent="2">(1)   A firearm dealer who sells, leases, or otherwise transfers a handgun must post conspicuously in the dealer’s place of business a notice of:</paragraph>
    <paragraph indent="3">(A)   the requirement in subsection (b) for a child safety handgun device; and</paragraph>
    <paragraph indent="3">(B)   the prohibition in State law of storing or leaving a loaded firearm in a location where an unsupervised child can gain access to the firearm.</paragraph>
    <paragraph indent="2">(2)   If the firearm dealer transferring a handgun does not maintain a place of business in a commercial establishment, the dealer must provide the notices required by paragraph (1) in writing when transferring the handgun.</paragraph>
    <paragraph indent="1">(d)   Enforcement.  The Department of Health and Human Services and any other department designated by the County Executive enforces this section.</paragraph>
    <paragraph indent="1">(f)   Regulations.  The Executive may adopt regulations under method (2) to implement this Section.</paragraph>
  </section>
  <section heading="Sec. 57-9. Unlawful ownership or possession of firearms.">
    <paragraph indent="1">A person must not possess, exercise control over, use, carry, transport, or keep a rifle, shotgun, or pistol, if the person:</paragraph>
    <paragraph indent="1">(a)   is an unlawful user of , addicted to, or is under treatment for an addiction to, marijuana or any depressant or stimulant drug or narcotic drug (as defined in Maryland Criminal Law Code Annotated, sections 1-101, 5-101, 5-401, 5-404, and 5-604); or</paragraph>
    <paragraph indent="1">(b)   has been convicted in any court of a crime of violence, trafficking in narcotics, a criminal violation of any of the provisions of Maryland Public Safety Code Annotated, sections 5-101 to 5-138, 5-142, or any federal firearms control law; or</paragraph>
    <paragraph indent="1">(c)   is a fugitive from justice; or</paragraph>
    <paragraph indent="1">(d)   has been confined to any hospital or institution for treatment of a mental disorder or for mental illness unless a licensed physician has by affidavit stated that the physician is familiar with the person's history of mental illness and that in the physician's opinion the person is not disabled by such illness in a manner which should prevent the person from possessing a rifle or a shotgun; or</paragraph>
    <paragraph indent="1">(e)   has been confined to any hospital or institution for treatment of alcoholism unless a licensed physician has by affidavit stated that the physician is familiar with the person's history of alcoholism and that, in the physician's opinion, the person is no longer suffering from a disability in such a manner which should prevent the person from possessing a rifle or shotgun.</paragraph>
  </section>
  <section heading="Sec. 57-10. Keeping guns on person or in vehicles.">
    <paragraph indent="1">It shall be unlawful for any person to have upon his person, concealed or exposed, or in a motor vehicle where it is readily available for use, any gun designed to use explosive ammunition unless:</paragraph>
    <paragraph indent="1">(a)   Lawful mission. Such person is then engaged upon a lawful mission for which it is necessary to carry a gun upon his person; or</paragraph>
    <paragraph indent="1">(b)   Special guard, special police, etc. Such person is employed as a special guard, special police officer or special detective and has been lawfully deputized by the sheriff for the county, or has been appointed a constable in the county, or has been licensed under the laws of the state, should such a law be enacted, to carry such gun and then is on or in the immediate vicinity of the premises of any employer whose occupation lawfully requires the employment of a person carrying a gun while in the discharge of the duties of such employment; or</paragraph>
    <paragraph indent="1">(c)   Military service. Such person is then lawfully engaged in military service or as a duly authorized peace officer; or</paragraph>
    <paragraph indent="1">(d)   Hunting, target practice, etc. Such person is engaged in lawful hunting, drill, training or target practice on property of which he is the owner or lessee or on property with the prior permission of the owner or lessee thereof; or</paragraph>
    <paragraph indent="1">(e)   Going to or returning from hunting, target practice, etc. Such person is engaged in going to or from lawful hunting, drill training or target practice, or in delivering such gun to or carrying it from a gunsmith or repairman, or is engaged in any other lawful transfer of possession; provided, that such person shall be on or traveling upon a public highway or property of which he is the owner or lessee or on property with the prior permission of the owner or lessee thereof; provided further, that such gun shall not be loaded with explosive ammunition.</paragraph>
  </section>
  <section heading="Sec. 57-11.  Firearms in or near places of public assembly.">
    <paragraph indent="1">(a)   In or within 100 yards of a place of public assembly, a person must not:</paragraph>
    <paragraph indent="2">(1)   sell, transfer, possess, or transport a ghost gun, undetectable gun, handgun, rifle, or shotgun, or ammunition or major component for these firearms; or</paragraph>
    <paragraph indent="2">(2)   sell, transfer, possess, or transport a firearm created through a 3D printing process..</paragraph>
    <paragraph indent="1">(b)   This section does not:</paragraph>
    <paragraph indent="2">(1)   prohibit the teaching of firearms safety or other educational or sporting use in the areas described in subsection (a);</paragraph>
    <paragraph indent="2">(2)   apply to a law enforcement officer, or a security guard licensed to carry the firearm;</paragraph>
    <paragraph indent="2">(3)   apply to the possession of a firearm or ammunition, other than a ghost gun or an undetectable gun, in the person’s own home;</paragraph>
    <paragraph indent="2">(4)   apply to the possession of one firearm, and ammunition for the firearm, at a business by either the owner who has a permit to carry the firearm, or one authorized employee of the business who has a permit to carry the firearm; or</paragraph>
    <paragraph indent="2">(5)   apply to separate ammunition or an unloaded firearm:</paragraph>
    <paragraph indent="3">(A)   transported in an enclosed case or in a locked firearms rack on a motor vehicle, unless the firearm is a ghost gun or an undetectable gun; or</paragraph>
    <paragraph indent="3">(B)   being surrendered in connection with a gun turn-in or similar program approved by a law enforcement agency.</paragraph>
    <paragraph indent="1">(c)   This section does not prohibit a gun show at a multipurpose exhibition facility if:</paragraph>
    <paragraph indent="2">(1)   the facility’s intended and actual primary use is firearms sports (hunting or target, trap, or skeet shooting) or education (firearms training); or</paragraph>
    <paragraph indent="2">(2)   no person who owns or operates the facility or promotes or sponsors the gun show received financial or in-kind support from the County (as defined in Section 57-13(a)) during the preceding 5 years, or after December 1, 2001, whichever is shorter; and</paragraph>
    <paragraph indent="3">(A)   no other public activity is allowed at the place of public assembly during the gun show; and</paragraph>
    <paragraph indent="3">(B)   if a minor may attend the gun show:</paragraph>
    <paragraph indent="4">(i)   the promoter or sponsor of the gun show provides to the Chief of Police, at least 30 days before the show:</paragraph>
    <paragraph indent="5">(a)   photographic identification, fingerprints, and any other information the Police Chief requires to conduct a background check of each individual who is or works for any promoter or sponsor of the show and will attend the show; and</paragraph>
    <paragraph indent="5">(b)   evidence that the applicant will provide adequate professional security personnel and any other safety measure required by the Police Chief, and will comply with this Chapter; and</paragraph>
    <paragraph indent="4">(ii)   the Police Chief does not prohibit the gun show before the gun show is scheduled to begin because:</paragraph>
    <paragraph indent="5">(a)   the promoter or sponsor has not met the requirements of clause (i); or</paragraph>
    <paragraph indent="5">(b)   the Police Chief has determined that an individual described in clause (i)(a) is not a responsible individual.</paragraph>
    <paragraph indent="1">(d)   Notwithstanding subsection (a), a gun shop owned and operated by a firearms dealer licensed under Maryland or federal law on January 1, 1997, may conduct regular, continuous operations after that date in the same permanent location under the same ownership if the gun shop:</paragraph>
    <paragraph indent="2">(1)   does not expand its inventory (the number of guns or rounds of ammunition displayed or stored at the gun shop at one time) or square footage by more than 10 percent, or expand the type of guns (handgun, rifle, or shotgun) or ammunition offered for sale since January 1, 1997;</paragraph>
    <paragraph indent="2">(2)   has secure locks on all doors and windows;</paragraph>
    <paragraph indent="2">(3)   physically secures all ammunition and each firearm in the gun shop (such as in a locked box or case, in a locked rack, or with a trigger lock);</paragraph>
    <paragraph indent="2">(4)   has adequate security lighting;</paragraph>
    <paragraph indent="2">(5)   has a functioning alarm system connected to a central station that notifies the police; and</paragraph>
    <paragraph indent="2">(6)   has liability insurance coverage of at least $1,000,000.</paragraph>
  </section>
  <section heading="Sec. 57-11A. Firearms and Ammunition – Suicide Prevention Literature.">
    <paragraph indent="1">(a)   The Department of Health and Human Services must prepare, and must distribute to each gun shop in the County, literature regarding:</paragraph>
    <paragraph indent="2">(1)   gun and firearm safety;</paragraph>
    <paragraph indent="2">(2)   gun and firearm training;</paragraph>
    <paragraph indent="2">(3)   suicide prevention;</paragraph>
    <paragraph indent="2">(4)   mental health; and</paragraph>
    <paragraph indent="2">(5)   conflict resolution.</paragraph>
    <paragraph indent="1">(b)   A gun shop must make conspicuous and available, and must provide to each person who enters the shop, the literature prepared under subsection (a).</paragraph>
    <paragraph indent="1">(c)   An authorized representative of the Department of Health and Human Services may issue a civil citation to an owner of a gun shop for a violation of subsection (b).</paragraph>
    <paragraph indent="1">(d)   Penalties.</paragraph>
    <paragraph indent="2">(1)   A failure to display or distribute literature under subsection (b) is a Class A violation under Section 1-19.</paragraph>
    <paragraph indent="2">(2)   Each failure to distribute literature under subsection (b) is a separate violation.</paragraph>
    <paragraph indent="2">(3)   Each day of a failure to display literature under subsection (b) is a separate violation.</paragraph>
  </section>
  <section heading="Sec. 57-12. Sale of fixed ammunition.">
    <paragraph indent="1">(a)   Legislative intent. The purpose of this section is to provide support to state and local law enforcement officials in their efforts against crime and violence by placing controls on the flow of dangerous ammunition, in addition to those provided by federal law, and to encourage compliance with the state police department's program of voluntary firearm registration. It is not the purpose of this section to place any undue or unnecessary restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, or to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes. It is not the purpose of this section to create, nor does it permit the creation of, any separate system of county registration of firearms or ammunition, or the levying of any county fee in connection with any registration of firearms or ammunition. It is specifically not the intent of this section to serve as a revenue generating measure.</paragraph>
    <paragraph indent="1">(b)   Registration of ammunition dealers. Any ammunition dealer (as defined in 18 United States Code, section 921 et seq.) who conducts business in Montgomery County is required to register with the Montgomery County department of police by maintaining on file with that department, at all times, a valid, current copy of his federal ammunition dealer's license.</paragraph>
    <paragraph indent="1">(c)   Conditions for sale. No ammunition dealer may sell fixed ammunition to any other person, unless:</paragraph>
    <paragraph indent="2">(1)   The sale is made in person;</paragraph>
    <paragraph indent="2">(2)   The purchaser exhibits, at the time of sale, a valid registration certificate or, in the case of a nonresident, proof that the firearm is lawfully possessed in the jurisdiction where the purchaser resides;</paragraph>
    <paragraph indent="2">(3)   The fixed ammunition to be sold is of the same caliber or gauge as the firearm described in the registration certificate, or other proof in the case of a nonresident; and</paragraph>
    <paragraph indent="2">(4)   The purchaser signs a receipt for the ammunition which shall be maintained by the licensed dealer for a period of one (1) year from the date of sale.</paragraph>
    <paragraph indent="1">(d)   Exceptions. The provisions of this section shall not apply to the sale of fixed ammunition:</paragraph>
    <paragraph indent="2">(1)   Which is suitable for use only in rifles or shotguns generally available in commerce, or to the sale of component parts of these types of ammunition;</paragraph>
    <paragraph indent="2">(2)   To any person licensed to possess fixed ammunition under an act of Congress and the law of the jurisdiction where the person resides or conducts business; or</paragraph>
    <paragraph indent="2">(3)   To any law enforcement officer of federal, state, local or any other governmental entity, if the officer has in his possession a statement from the head of his agency stating that the fixed ammunition is to be used in the officer's official duties.</paragraph>
    <paragraph indent="1">(e)   Penalties. Any ammunition dealer who sells fixed ammunition in violation of the provisions of this section shall be guilty of a class C violation, pursuant to section 1-19 of the Montgomery County Code, punishable only by a civil penalty in the amount of fifteen dollars ($15.00).</paragraph>
    <paragraph indent="1">(f)   Exception for incorporated municipalities. This section shall not be effective in any incorporated municipality which by law has authority to enact a law on the same subject. If any such incorporated municipality adopts this section and requests the county to enforce the adopted provisions thereof within its corporate limits, the county may thereafter administer and enforce the same within the incorporated municipality. The county executive is authorized to enter into agreements with incorporated municipalities to enforce and administer the provisions so adopted and to collect the administrative costs of implementation from such municipalities.</paragraph>
  </section>
  <section heading="Sec. 57-13. Use of public funds.">
    <paragraph indent="1">(a)   The County must not give financial or in-kind support to any organization that allows the display and sale of guns at a facility owned or controlled by the organization.  Financial or in-kind support means any thing of value that is not generally available to similar organizations in the County, such as a grant, special tax treatment, bond authority, free or discounted services, or a capital improvement constructed by the County.</paragraph>
    <paragraph indent="1">(b)   An organization referred to in subsection (a) that receives direct financial support from the County must repay the support if the organization allows the display and sale of guns at the organization's facility after receiving the County support.  The repayment must include the actual, original value of the support, plus reasonable interest calculated by a method specified by the Director of Finance.</paragraph>
    <paragraph indent="1">(a) Section 57-13 of the County Code, as amended by Section 1 of this Act, applies to:</paragraph>
    <paragraph indent="1">(1) support that an organization receives from the County after December 1, 2001; and</paragraph>
    <paragraph indent="1">(2) the display of a gun for sale at the facility after December 1, 2001.</paragraph>
    <paragraph indent="1">(b) Section 57-13 expires on December 1, 2011.</paragraph>
    <paragraph indent="1">Section 57-13 is cited but not interpreted in Frank Krasner Enterprises, Ltd. v. Montgomery County, 401 F.3d 230 (4th Cir. 2005) because appellants lacked standing.</paragraph>
  </section>
  <section heading="Sec. 57-14. Exemptions from Chapter.">
    <paragraph indent="1">Nothing in this Chapter applies to the purchase, ownership, or possession of a bona fide antique gun that is incapable of use as a gun.  Except as provided in Sections 57-7 and 57-11, nothing in this Chapter prohibits the owner or tenant of any land from carrying or discharging a gun on that land for the purpose of killing predatory animals which prey on livestock.</paragraph>
  </section>
  <section heading="Sec. 57-15. Penalty.">
    <paragraph indent="1">Any  violation of this Chapter or a condition of an approval certificate issued under this Chapter is a Class A violation to which the maximum penalties for a Class A violation apply. Any violation of Section 57-8 is a Class A civil violation.</paragraph>
  </section>
  <section heading="Sec. 57-16. Reporting requirement.">
    <paragraph indent="1">(a)   The County Police Department must submit a report annually to the County Executive and the County Council regarding the availability and use of ghost guns and undetectable guns in the County.</paragraph>
    <paragraph indent="1">(b)   The report must include the number of ghost guns and undetectable guns recovered by the Department during the prior year.</paragraph>
    <paragraph indent="1">(c)   Each report must be available to the public on the Police Department’s website.</paragraph>
  </section>
</chapter>