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<chapter heading="Chapter 57. Weapons - Regulations">
  <section heading="SEC. 57-4 (formerly § 57-3) DISCHARGE OF GUNS IN THE URBAN AREA - REGULATIONS">
    <regulation heading="COMCOR 57.04.01 Weapons - Discharge of Guns Within Montgomery County">
      <subsection heading="57.04.01.01 Purpose">
        <paragraph indent="2">Procedure to allow the discharge of a firearm within the urban area under a deer management permit issued by the Maryland Department of Natural Resources and approved by the Chief of Police and to establish rules for deer hunting on private property at least 50 acres in size.</paragraph>
      </subsection>
      <subsection heading="57.04.01.02 Procedures">
        <paragraph indent="2">(a)   An applicant for a deer management permit inside the urban area must contact the Montgomery County Police Department’s (MCPD) police district serving the area in which the requestor’s site is located within 24 hours of submitting the application to the Department of Natural Resources (DNR).  An MCPD executive officer (lieutenant or above) will contact DNR as soon as practical but no more than 24 hours after receiving such notification to arrange to meet at the location where the permit has been requested.</paragraph>
        <paragraph indent="0">The MCPD executive officer will meet the DNR agent at the location where the permit has been requested to jointly inspect the location to resolve any issues or questions.  If the MCPD executive officer and DNR agent cannot meet at a mutually convenient time, the MCPD executive officer must contact the applicant to arrange to inspect the location within three (3) calendar days of the issuance of the permit.  The DNR agent will have the sole responsibility for determining the need for the issuance of the deer management permit.  The MCPD executive officer will inspect the site from the standpoint of safety issues, including, but not limited to, the location’s proximity to occupied buildings and/or roadways, whether the location provides for downward trajectory, and any other considerations that may necessitate restricting the use of a firearm to carry out the stated purpose of the deer management permit.</paragraph>
        <paragraph indent="0">If the DNR agent determines that a deer management permit is to be issued, the MCPD executive officer will request a copy of the completed permit from the DNR agent or the applicant.  The MCPD executive officer will then complete an MCP Form #590, Addendum to DNR Deer Damage Control Permit, listing all restrictions with which the permit holder must comply.  The MCPD executive officer will forward the deer management permit and addendum along with a memorandum outlining the reasons for any restrictions to the Chief of Police for review and signature within three (3) calendar days.</paragraph>
        <paragraph indent="0">After reviewing the documentation submitted for the deer management permit from both the DNR and MCPD executive officer, the Chief of Police will either approve or disapprove the request, sign and date the MCP Form #590.  After signing, the originals of the MCP Form #590 and the deer management permit will be returned to the person requesting the permit by U.S. mail within four calendar days.  The remaining two copies of the forms will be forwarded to the Department of Natural Resources for their records.  The Department of Police will maintain its files.</paragraph>
        <paragraph indent="2">(b)   Whenever deer hunting is to occur on private property of at least 50 acres in size during hunting season, the property owner(s) must, at least 15 days before any weapon is discharged, post the perimeter of the property and, where applicable, at each road entrance to the property, with signs that:</paragraph>
        <paragraph indent="3">(1)   are placed where the signs may reasonably be seen by passersby or from any adjacent roadway or public waterway;</paragraph>
        <paragraph indent="3">(2)   are posted at least every 100 yards along the perimeter of the property;</paragraph>
        <paragraph indent="3">(3)   are at least 12 inches wide by 17 inches high;</paragraph>
        <paragraph indent="3">(4)   have black lettering on a yellow background;</paragraph>
        <paragraph indent="3">(5)   that include the following warning: “CAUTION: Firearms in use for deer hunting on this property from (date) to (date).  No Trespassing.”</paragraph>
        <paragraph indent="2">(c)   Whenever deer hunting is to occur on private property within the urban area pursuant to a deer management permit, the property owner must follow the requirements in subsection (b) except that the owner must post the required warning signs at least two days before any weapon is discharged.</paragraph>
      </subsection>
      <subsection heading="57.04.01.03 Applicability">
        <paragraph indent="2">Any person within an urban area whose livelihood is threatened by property damage caused by deer may apply for a deer management permit, except that no permit is necessary on land at least 50 acres in size during hunting season.</paragraph>
      </subsection>
      <subsection heading="57.04.01.04 Severability">
        <paragraph indent="2">If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="SEC. 57-6 (formerly § 57-4A) DISCHARGE OF BOWS - REGULATIONS">
    <regulation heading="COMCOR 57.06.01 Safety Guidelines for Target Archery Practice">
      <subsection heading="57.06.01.01 Purpose">
        <paragraph indent="2">To establish safety guidelines for practicing target archery and to establish penalties for violations of this regulation.</paragraph>
      </subsection>
      <subsection heading="57.06.01.02">
        <paragraph indent="1">Target archery may be practiced in the County under the following circumstances:</paragraph>
        <paragraph indent="1">(a)   Target archery may be practiced on public property in the County in any area designated for target archery.</paragraph>
        <paragraph indent="1">(b)   Target archery may be practiced on private property in the County with the owner or occupant's written consent as long as:</paragraph>
        <paragraph indent="2">(1)   an arrow does not travel across or hit on a public road or strike any person, animal, or vehicle on a public road; and</paragraph>
        <paragraph indent="2">(2)   an arrow does not travel across or land on property owned or occupied by a person who has not given written consent for the target archery, or hit any person, animal, building, or vehicle.</paragraph>
      </subsection>
      <subsection heading="57.06.01.03 Penalty">
        <paragraph indent="1">Any violation of this regulation is a class A violation to which the maximum penalties for the class A violation apply.</paragraph>
      </subsection>
      <subsection heading="57.06.01.04 Severability">
        <paragraph indent="1">If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.</paragraph>
      </subsection>
      <subsection heading="57.06.01.05 Effective Date">
        <paragraph indent="1">This regulation becomes effective 30 calendar days after approval by the County Council or 90 calendar days after Council receipt of the Regulation if Council takes no action within 60 days of receipt.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="SEC. 57-8 (formerly § 57-5A) CHILD SAFETY HANDGUN DEVICES AND HANDGUNS - REGULATIONS">
    <regulation heading="COMCOR 57.08.01 Child Safety Handgun Devices">
      <subsection heading="57.08.01.01 Enforcement">
        <paragraph indent="1">The director of the Department of Housing and Community Affairs or the director's authorized representative must initially inspect each firearm dealer to determine compliance with this regulation. Thereafter, random inspections will be made at the discretion of the director or when a complaint is filed.</paragraph>
      </subsection>
      <subsection heading="57.08.01.02 Child Safety Handgun Device Approval">
        <paragraph indent="1">A child safety handgun device that meets the requirements of 57.08.01.03 is approved unless the director of the Department of Housing and Community Affairs finds in a review that the device is not effective in rendering the handgun inoperable. The director of Housing and Community Affairs will maintain a publicly available list of unapproved child safety handgun devices.</paragraph>
      </subsection>
      <subsection heading="57.08.01.03 Child Safety Handgun Device Requirements">
        <paragraph indent="2">A.   The firearm dealer must maintain a record indicating that a child safety handgun device was provided to the recipient of a handgun. The director of the Department of Housing and Community Affairs, the director's authorized representative, or any officer or other authorized employee of a law enforcement agency may inspect these records.</paragraph>
        <paragraph indent="2">B.   The child safety handgun device must be either:</paragraph>
        <paragraph indent="3">1.   a lock that attaches to the handgun to prevent movement of the trigger of the handgun or otherwise renders the handgun inoperable until removed by a key or combination; or</paragraph>
        <paragraph indent="3">2.   a lockable box designed to hold the handgun being transferred that requires a key or combination to open and renders the handgun inoperable when locked.</paragraph>
      </subsection>
      <subsection heading="57.08.01.04 Public Notification">
        <paragraph indent="2">A.   Signs for Firearm Dealers Having a Retail Store</paragraph>
        <paragraph indent="3">1.   A sign must be posted in plain view in the sales area.</paragraph>
        <paragraph indent="3">2.   The sign must state the following: “Section 57-5A of the Montgomery County Code requires that a child safety handgun device be provided by the firearm dealer at the time of purchase, lease, or transfer of each handgun. State law prohibits keeping firearms anywhere an unsupervised child could gain access to the firearm”.</paragraph>
        <paragraph indent="3">3.   The sign must have letters at least 3/4 inches in height and a contrasting color to the sign background.</paragraph>
        <paragraph indent="2">B.   Notices for Firearm Dealers Not Having a Retail Store</paragraph>
        <paragraph indent="3">1.   A firearm dealer not having a retail store must provide a written notice with the wording in A.2 above.</paragraph>
        <paragraph indent="3">2.   The notice must be given by the firearm dealer to the recipient of any handgun at the time of purchase, lease; or transfer.</paragraph>
        <paragraph indent="3">3.   The notice must be at least font size 12 and on paper of a contrasting color.</paragraph>
        <paragraph indent="2">C.   Source of Signs and Notices</paragraph>
        <paragraph indent="3">1.   The sign or notice may be purchased from the Department of Housing and Community Affairs. The Department of Housing and Community Affairs may charge a fee for the sign or notice not to exceed the cost of producing the sign or notice.</paragraph>
        <paragraph indent="3">2.   The firearm dealer may provide the sign or notice provided that they comply with 57.08.01.04, A or B, above.</paragraph>
      </subsection>
      <subsection heading="57.08.01.05 Severability">
        <paragraph indent="2">If a court holds that a portion of this regulation is invalid, the other portions remain in effect.</paragraph>
      </subsection>
    </regulation>
  </section>
</chapter>