In this subtitle the following words have the meanings indicated. “Dealer” means a person who is engaged in the business of buying or selling explosives. “Dealer” does not include a manufacturer. “Explosives” means gunpowder, powders for blasting, high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powder, and any chemical compound or mechanical mixture that contains oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion, or detonation of any part of the compound or mixture may and is intended to cause an explosion. “Explosives” includes: bombs and destructive devices designed to operate by chemical, mechanical, or explosive action; and two or more components that are advertised and sold together with instructions on how to combine the components to create an explosive, as defined in paragraph (1) of this subsection. “Explosives” does not include fixed ammunition for small arms, small arms ammunition primers, small arms percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, friction primers, fireworks, or common matches when used in their original configuration. “Explosives for use in firearms” means: smokeless powder for loading or reloading small arms ammunition; or black powder for loading or reloading small arms ammunition, antique arms, or replicas of antique arms. “Local licensing authority” means the sheriff or chief of police of the county or community where the applicant for a license resides or has a regular place of business. “Manufacturer” means a person who manufactures or otherwise produces explosives.

This subtitle does not apply to explosives while being transported on vessels, vehicles, or railroad cars, or while being held for delivery, if the transportation or delivery is subject to and conforms with regulations adopted by the United States Department of Transportation or United States Coast Guard. This subtitle does not apply to the receipt, possession, and use of signals required for the safe operation of vessels, motor vehicles, railroad cars, or aircraft by their operators.

The State Fire Prevention Commission may adopt regulations to carry out this subtitle.

The State Fire Marshal may investigate an explosion or fire that occurs in any place where explosives or ingredients for explosives are manufactured, transported, stored, or used. The State Fire Marshal may investigate an explosion, accident, or fire if there is reason to believe explosives were involved. The State Fire Marshal may report the findings of an investigation under subsection (a) of this section to federal or State authorities: if the explosion or fire was a willful act, for criminal prosecution of the person causing the willful act; or if the explosion or fire was accidental, so that precautions may be taken to prevent similar accidents from occurring. In an investigation under subsection (a) of this section, the employees under the direction of the State Fire Marshal may enter the premises where the explosion or fire has occurred to: examine documents; or administer oaths to and examine witnesses and other persons concerned. The owner, lessee, or operator of the premises where the explosion or fire has occurred, or an agent of these persons, may not hinder the actions of an employee of the State Fire Marshal described under paragraph (1) of this subsection. The State Fire Marshal may collect a fee of $20 for inspection of the vehicle of an explosive hauler.

Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person shall obtain a license issued under this subtitle before the person engages in business as a manufacturer or dealer, possesses explosives other than explosives for use in firearms, or possesses or stores explosives for use in firearms in the State. A person shall obtain a license to engage in business as a dealer under this subtitle before the person engages in the business of loading or reloading small arms ammunition in the State. The owner or operator of a mine, quarry, or other operation or business that uses explosives, or a contractor who performs work that uses explosives, shall obtain a license to engage in business as a dealer under this subtitle. This section does not apply to: the armed forces, the National Guard, the State Guard, or officers or employees of the United States, the State, or a local subdivision of the State who are authorized to handle explosives in the performance of their duties; or an individual authorized to handle explosives in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article. Subject to paragraph (2) of this subsection, a person need not obtain a license to possess or store up to 5 pounds of smokeless powder for the loading or reloading of small arms ammunition, and up to 5 pounds of black powder for the loading or reloading of small arms ammunition or for use in the loading of antique arms or replicas of antique arms, if the smokeless powder and black powder are stored in their original shipping containers and are possessed only for personal use in firearms. A person may not possess or store explosives for use in firearms in any quantity in multifamily dwellings, apartments, dormitories, hotels, schools, other public buildings, or buildings or structures open for public use. Notwithstanding paragraph (2) of this subsection, the State Fire Marshal may issue a permit to allow temporary possession of explosives for use in firearms in a building or structure open for public use.

An applicant for a license to engage in business as a manufacturer or dealer, to possess explosives other than explosives for use in firearms, or to possess explosives for use in firearms, and an applicant for a blaster’s permit shall: submit an application to the State Fire Marshal on the form that the State Fire Marshal provides; submit the documents required under this section; and pay to the State Fire Marshal the fees required under subsection (d) of this section and the cost of the criminal history records check. The application form shall require the following information: the name and address of the applicant; the reason for desiring the requested license or permit; if the applicant is an individual, the citizenship of the individual; if the applicant is a partnership, association, or corporation, the names, addresses, and citizenship of the partners of the partnership or officers and directors of the association or corporation; and proof of liability insurance in the amount that the State Fire Prevention Commission sets. As part of the application for a license or permit, the applicant shall submit to the State Fire Marshal the fingerprints required under subsection (e)(3)(i) of this section for each applicant and each officer, agent, or employee of the applicant who will be handling explosives. As part of the application for a license or permit, the State Fire Marshal shall require the applicant to submit with the application: the place where the explosives will be stored; the place where the explosives will be used; and the specific purpose for using the explosives. Each application for a license or permit shall be accompanied by the following fee: license to engage in business as a manufacturer of: less than 500 pounds of explosives     $150 500 pounds or more of explosives but less than 5,000 pounds     $300 5,000 pounds or more of explosives but less than 10,000 pounds      $750 10,000 pounds or more of explosives     $1,500 license to engage in business as a dealer for: retail only      $75 users     $150 wholesale and retail     $300 license to possess explosives other than for use in firearms     $150 license to possess explosives for use in firearms     $150 storage license for: Class A - 500 pounds or more of explosives     $150 Class B - less than 500 pounds of explosives     $75 blaster’s permit     $60 In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. The State Fire Marshal shall apply to the Central Repository for a State and national criminal history records check for each applicant and each officer, agent, or employee of the applicant who will be handling explosives. As part of the application for a criminal history records check, the State Fire Marshal shall submit to the Central Repository: two complete sets of legible fingerprints of each applicant and each officer, agent, or employee of the applicant who will be handling explosives, taken on forms approved by the Central Repository and the Federal Bureau of Investigation; the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the State Fire Marshal a printed statement of the criminal history record information of the subject of the criminal history records check. Information obtained from the Central Repository under this subsection: shall be confidential and may not be disseminated; and shall be used only for the purpose authorized by this subsection. The subject of a criminal history records check under this subsection may challenge the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.

The State Fire Marshal shall issue a license or permit to each applicant who meets the requirements of this subtitle. Subject to subsection (c) of this section, the State Fire Marshal shall deny an application for a license or permit if the State Fire Marshal finds that: the applicant, or an officer, agent, or employee of the applicant who will be handling explosives, is not sufficiently experienced and will not work under satisfactory supervision in manufacturing, dealing in, or handling of explosives, as applicable; the applicant lacks suitable facilities for manufacturing, dealing in, or handling explosives; the applicant, or an officer, agent, or employee of the applicant who will be handling explosives, has been convicted of a felony or crime involving violence; the applicant, or an officer, agent, or employee of the applicant who will be handling explosives, is disloyal to the United States or has renounced United States citizenship; the applicant, or an officer, agent, or employee of the applicant who will be handling explosives, will use the explosives for an illegal purpose; the applicant, or an officer, agent, or employee of the applicant who will be handling explosives, is a fugitive as defined in § 9–401 of the Criminal Law Article; the applicant, or an officer, agent, or employee of the applicant who will be handling explosives, has been adjudicated substantially cognitively impaired as defined in § 3–301 of the Criminal Law Article; the applicant, or an officer, agent, or employee of the applicant who will be handling explosives, has been committed to a mental institution; the applicant, or an officer, agent, or employee of the applicant who will be handling explosives, has been dishonorably discharged from the United States military; the applicant, or an officer, agent, or employee of the applicant who will be handling explosives, is an alien other than an alien authorized to receive explosives under the federal Safe Explosives Act; the applicant, or an officer, agent, or employee of the applicant who will be handling explosives, is a user of, or addicted to, a controlled dangerous substance as defined in § 5–101 of the Criminal Law Article; the application contains false information; or the application fails to provide required information. An applicant for a license to possess explosives for use in firearms need not have sufficient experience in handling explosives or work under satisfactory supervision in handling explosives. An applicant for a license to possess explosives to be used for agricultural purposes need not: have sufficient experience in handling explosives or work under satisfactory supervision in handling explosives; or have suitable facilities for handling explosives. Before a license or permit may be issued under this subtitle to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the State Fire Marshal: a certificate of compliance with the Maryland Workers’ Compensation Act; or the number of a workers’ compensation insurance policy or binder. On issuance of a license or permit under this section, the State Fire Marshal shall notify: the fire chief or fire administrator in the county where the license or permit was issued; or if the county does not have a county fire chief or fire administrator, the local 9-1-1 center.

A license to engage in business as a dealer authorizes the licensee to store 1.4 G fireworks and 1.3 G display fireworks at approved locations in storage buildings approved by the State Fire Marshal or the local authority with jurisdiction over local fire prevention codes.

A license issued under this subtitle expires on the third anniversary of its effective date unless sooner revoked.

The owner or operator of a mine, quarry, or other operation or business that uses explosives, or a contractor who performs work that uses explosives, required to obtain a license to engage in business as a dealer under this subtitle: may issue or sell to each employee only the amount of explosives as is reasonably required by that employee to perform the employee’s duties; shall ensure that any explosives issued or sold to an employee are not taken by the employee to a place not necessary for the employee to perform the employee’s duties; and shall ensure that any unused explosives are returned to the owner, operator, or contractor on termination of the work for which the explosives were issued or sold to the employee. Regardless of whether the owner, operator, or contractor has obtained a license to engage in business as a dealer, an employee of the owner, operator, or contractor need not obtain a license to possess explosives other than explosives for use in firearms in order to possess explosives issued or sold to the employee by the owner, operator, or contractor.

A license issued under this subtitle may be revoked by the State Fire Marshal for: a ground specified under § 11-107 of this subtitle for denying an application for a license; or a violation of regulations adopted by the State Fire Prevention Commission to regulate the use, handling, and storage of explosives.

Each manufacturer and each dealer shall keep, for all explosives shipped, purchased, or sold, a record that includes: the name and address of each consignee, buyer, or seller of the explosives; the date of each shipment, purchase, or sale; and the amount and description of the explosives. Each record kept under this subsection shall at all times be open for inspection by agents of the licensing authority and by federal, State, and local law enforcement officers. Subject to subparagraph (ii) of this paragraph, each manufacturer and each dealer shall provide a copy of each record kept under this subsection to the State Fire Marshal in the form that the State Fire Marshal requires. A record kept under this subsection shall be provided on request, but need not be filed more than once in each calendar month. Subject to paragraph (2) of this subsection, each manufacturer shall file with the licensing authority of each state, other than this State, to which explosives have been shipped by the manufacturer, a report that includes: the name of each buyer to whom explosives have been shipped in that state; and the amount and description of the explosives. A report required under paragraph (1) of this subsection shall be filed on request, but need not be filed more than once in each calendar month. In like manner, each manufacturer shall file with the State Fire Marshal a report that includes: the name of each buyer of explosives in this State; and the amount and description of the explosives.

Each theft or other unauthorized taking of explosives from a licensee under this subtitle shall be reported by the licensee to the State Fire Marshal: immediately by telephone; and by a written report in the form required by the State Fire Marshal.

Except as otherwise provided in this subtitle, a person may not engage in business as a manufacturer or dealer in the State unless the person is licensed under this subtitle. Except as otherwise provided in this subtitle, a person may not possess explosives other than explosives for use in firearms in the State unless the person is licensed under this subtitle. Except as otherwise provided in this subtitle, a dealer may not sell, barter, give, or dispose of explosives other than explosives for use in firearms to a person unless the person is licensed under this subtitle. The owner or operator of a mine, quarry, or other operation that uses explosives, and a contractor performing work that uses explosives, may not engage in business as a dealer in the State unless the person is licensed under this subtitle. An employee of an owner or operator of a mine, quarry, or other operation that uses explosives, or of a contractor performing work that uses explosives, may not possess explosives in a place not necessary for the employee to perform the employee’s duties unless the employee is licensed to possess explosives under this subtitle. A person may not violate a regulation adopted under this subtitle. Except as otherwise provided in § 11-116 of this subtitle, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

A person may not possess at any time or store in any one place more than 5 pounds of smokeless powder or more than 5 pounds of black powder for use in firearms unless the person is licensed under this subtitle. A person may not engage in the business of loading or reloading small arms ammunition unless the person is licensed to engage in business as a dealer under this subtitle. Except as otherwise provided in this subtitle, a person may not possess or store explosives for use in firearms in any quantity in multifamily dwellings, apartments, dormitories, hotels, schools or other public buildings, or buildings or structures open for public use. A dealer may not sell, barter, give, or dispose of more than 5 pounds of black powder or more than 5 pounds of smokeless powder for use in firearms to any one person at any one time unless the person is licensed under this subtitle. A person may not fail to file reports or records required under § 11-112 of this subtitle. A person may not fail to file a report of theft of explosives required under § 11-113 of this subtitle. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

Except as otherwise provided in paragraph (2) of this subsection, a person who violates § 11–114(b) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both. Paragraph (1) of this subsection does not apply to a person who neither intended to use nor used the explosives involved in violation of: Title 3, Subtitle 1 or Subtitle 5, Title 5, Subtitle 1, Subtitle 2, Subtitle 3, or Subtitle 4, § 6–602, § 7–402, or § 12–701 of this article; Title 1, Subtitle 3, Title 3, Subtitle 7, or § 4–123.1 of the Agriculture Article; Title 19, Subtitle 2 or Subtitle 3 of the Business Regulation Article; Title 14, Subtitle 29, § 11–810, or § 14–1317 of the Commercial Law Article; § 3–218, § 3–305(c)(2), § 3–409(a) or (c), § 3–803(b), § 3–807(i), § 3–808(d), § 3–811(c), § 8–801, § 8–802, § 9–602(e), § 11–702(d)(8), § 11–708(d)(7)(ii), § 11–711(h)(2), § 11–712(c)(6)(ii), § 11–715(g)(2), § 11–716(h)(2), § 11–723(b)(8), or § 11–726 of the Correctional Services Article; the Criminal Law Article other than Title 8, Subtitle 2, Part II or § 10–614; Title 5, Subtitle 10A of the Environment Article; § 5–503 of the Family Law Article; Title 20, Subtitle 7 or § 21–259.1 of the Health – General Article; § 8–713.1, § 8–724.1, § 8–725.6, § 8–725.7, § 8–726.1, § 8–738.2, § 8–740.1, or § 10–411(a) or (d), as it relates to Harford County, of the Natural Resources Article; § 14–127 of the Real Property Article; § 6–301 or § 33–2503 of the Alcoholic Beverages and Cannabis Article; § 109 of the Code of Public Local Laws of Caroline County; § 4–103 of the Code of Public Local Laws of Carroll County; or § 8A–1 of the Code of Public Local Laws of Talbot County. Except as otherwise provided in paragraph (2) of this subsection, a person who violates § 11–114(c) of this subtitle or who conspires to violate § 11–114(b) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both. Paragraph (1) of this subsection does not apply to a person who had probable cause to believe that the explosives involved would be used for a purpose other than the violation of: Title 3, Subtitle 1 or Subtitle 5, Title 5, Subtitle 1, Subtitle 2, Subtitle 3, or Subtitle 4, § 6–602, § 7–402, or § 12–701 of this article; Title 1, Subtitle 3, Title 3, Subtitle 7, or § 4–123.1 of the Agriculture Article; Title 19, Subtitle 2 or Subtitle 3 of the Business Regulation Article; Title 14, Subtitle 29, § 11–810, or § 14–1317 of the Commercial Law Article; § 3–218, § 3–305(c)(2), § 3–409(a) or (c), § 3–803(b), § 3–807(i), § 3–808(d), § 3–811(c), § 8–801, § 8–802, § 9–602(e), § 11–702(d)(8), § 11–703(d)(5)(iii), § 11–706(b)(8), § 11–708(d)(7)(ii), § 11–711(h)(2), § 11–712(c)(6)(ii), § 11–714(c)(6), § 11–715(g)(2), § 11–716(h)(2), § 11–723(b)(8), or § 11–726 of the Correctional Services Article; the Criminal Law Article other than Title 8, Subtitle 2, Part II or § 10–614; Title 5, Subtitle 10A of the Environment Article; § 5–503 of the Family Law Article; Title 20, Subtitle 7 or § 21–259.1 of the Health – General Article; § 8–713.1, § 8–724.1, § 8–725.6, § 8–725.7, § 8–726.1, § 8–738.2, § 8–740.1, or § 10–411(a) or (d), as it relates to Harford County, of the Natural Resources Article; § 14–127 of the Real Property Article; § 6–301 or § 33–2503 of the Alcoholic Beverages and Cannabis Article; § 109 of the Code of Public Local Laws of Caroline County; § 4–103 of the Code of Public Local Laws of Carroll County; or § 8A–1 of the Code of Public Local Laws of Talbot County.

If a person has been convicted of a violation of § 11–114(a) and (b) of this subtitle, or of a violation of §§ 11–115(a) and 11–114(b) of this subtitle, and the convictions arise out of the same transaction, the conviction under § 11–114(a) or § 11–115(a) of this subtitle merges into the conviction under § 11–114(b) of this subtitle. If a person has been convicted of two or more violations under this subtitle and has been penalized under § 11–114(g), § 11–115(e), or § 11–116 of this subtitle for one violation, the person is not subject to an additional penalty under § 11–116 of this subtitle.

In an action under this subtitle: the State need not disprove any exception, excuse, proviso, or exemption under this subtitle; and the burden of proof of an exception, excuse, proviso, or exemption is on the defendant or the holder of any alleged security interest, as the case may be.