# Public Safety (GPS)

## Title 5. Firearms

### Subtitle 1. Regulated Firearms

#### Section 5-101

(a) In this subtitle the following words have the meanings indicated.

(b) "Antique firearm" has the meaning stated in Sec. 4-201 of the Criminal Law Article.

(b-1)

  (1) "Convicted of a disqualifying crime" includes:

    (i) a case in which a person received probation before judgment for a crime of violence; and

    (ii) a case in which a person received probation before judgment in a domestically related crime as defined in Sec. 6-233 of the Criminal Procedure Article.

  (2) "Convicted of a disqualifying crime" does not include a case in which a person received a probation before judgment:

    (i) for assault in the second degree, unless the crime was a domestically related crime as defined in Sec. 6-233 of the Criminal Procedure Article; or

    (ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article.

(c) "Crime of violence" means:

  (1) abduction;

  (2) arson in the first degree;

  (3) assault in the first or second degree;

  (4) burglary in the first, second, or third degree;

  (5) carjacking and armed carjacking;

  (6) escape in the first degree;

  (7) kidnapping;

  (8) voluntary manslaughter;

  (9) maiming as previously proscribed under former Article 27, Sec. 386 of the Code;

  (10) mayhem as previously proscribed under former Article 27, Sec. 384 of the Code;

  (11) murder in the first or second degree;

  (12) rape in the first or second degree;

  (13) robbery;

  (14) robbery with a dangerous weapon;

  (15) sexual offense in the first, second, or third degree;

  (16) home invasion under Sec. 6-202(b) of the Criminal Law Article;

  (17) a felony offense under Title 3, Subtitle 11 of the Criminal Law Article;

  (18) an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or

  (19) assault with intent to commit any of the crimes listed in items (1) through (17) of this subsection or a crime punishable by imprisonment for more than 1 year.

(d) "Dealer" means a person who is engaged in the business of:

  (1) selling, renting, or transferring firearms at wholesale or retail; or

  (2) repairing firearms.

(e) "Dealer's license" means a State regulated firearms dealer's license.

(f) "Designated law enforcement agency" means a law enforcement agency that the Secretary designates to process applications to purchase regulated firearms for secondary sales.

(g) "Disqualifying crime" means:

  (1) a crime of violence;

  (2) a violation classified as a felony in the State; or

  (3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.

(h)

  (1) "Firearm" means:

    (i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive;

    (ii) the frame or receiver of such a weapon; or

    (iii) an unfinished frame or receiver, as defined in Sec. 5-701 of this title.

  (2) "Firearm" includes a starter gun.

(i) "Firearm applicant" means a person who makes a firearm application.

(j) "Firearm application" means an application to purchase, rent, or transfer a regulated firearm.

(k) "Fugitive from justice" means a person who has fled to avoid prosecution or giving testimony in a criminal proceeding.

(l) "Habitual drunkard" means a person who has been found guilty of any three crimes under Sec. 21-902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year.

(m) "Habitual user" means a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years.

(n)

  (1) "Handgun" means a firearm with a barrel less than 16 inches in length.

  (2) "Handgun" includes signal, starter, and blank pistols.

(o) "Handgun qualification license" means a license issued by the Secretary that authorizes a person to purchase, rent, or receive a handgun.

(p) "Licensee" means a person who holds a dealer's license.

(q) "Qualified handgun instructor" means a certified firearms instructor who:

  (1) is recognized by the Maryland Police and Correctional Training commissions;

  (2) has a qualified handgun instructor license issued by the Secretary; or

  (3) has a certification issued by a nationally recognized firearms organization.

(r) "Regulated firearm" means:

  (1) a handgun; or

  (2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:

    (i) American Arms Spectre da Semiautomatic carbine;

    (ii) AK-47 in all forms;

    (iii) Algimec AGM-1 type semi-auto;

    (iv) AR 100 type semi-auto;

    (v) AR 180 type semi-auto;

    (vi) Argentine L.S.R. semi-auto;

    (vii) Australian Automatic Arms SAR type semi-auto;

    (viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;

    (ix) Barrett light .50 cal. semi-auto;

    (x) Beretta AR70 type semi-auto;

    (xi) Bushmaster semi-auto rifle;

    (xii) Calico models M-100 and M-900;

    (xiii) CIS SR 88 type semi-auto;

    (xiv) Claridge HI TEC C-9 carbines;

    (xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;

    (xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;

    (xvii) Dragunov Chinese made semi-auto;

    (xviii) Famas semi-auto (.223 caliber);

    (xix) Feather AT-9 semi-auto;

    (xx) FN LAR and FN FAL assault rifle;

    (xxi) FNC semi-auto type carbine;

    (xxii)

      (F)

        (I)

          (E) /Franchi LAW 12 and SPAS 12 assault shotgun;

    (xxiii) Steyr-AUG-SA semi-auto;

    (xxiv) Galil models AR and ARM semi-auto;

    (xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;

    (xxvi) Holmes model 88 shotgun;

    (xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;

    (xxviii) Manchester Arms "Commando" MK-45, MK-9;

    (xxix) Mandell TAC-1 semi-auto carbine;

    (xxx) Mossberg model 500 Bullpup assault shotgun;

    (xxxi) Sterling Mark 6;

    (xxxii)

      (P)

        (A)

          (W)

            (S) carbine;

    (xxxiii) Ruger mini-14 folding stock model (.223 caliber);

    (xxxiv) SIG 550/551 assault rifle (.223 caliber);

    (xxxv) SKS with detachable magazine;

    (xxxvi) AP-74 Commando type semi-auto;

    (xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;

    (xxxviii) Street sweeper assault type shotgun;

    (xxxix) Striker 12 assault shotgun in all formats;

    (xl) Unique F11 semi-auto type;

    (xli) Daewoo USAS 12 semi-auto shotgun;

    (xlii) UZI 9mm carbine or rifle;

    (xliii) Valmet M-76 and M-78 semi-auto;

    (xliv) Weaver Arms "Nighthawk" semi-auto carbine; or

    (xlv) Wilkinson Arms 9mm semi-auto "Terry".

(s) "Rent" means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm.

(t) "Secondary sale" means a sale of a regulated firearm in which neither party to the sale:

  (1) is a licensee;

  (2) is licensed by the federal government as a firearms dealer;

  (3) devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of earning a profit through the repeated purchase and resale of firearms; or

  (4) repairs firearms as a regular course of trade or business.

(u) "Secretary" means the Secretary of State Police or the Secretary's designee.

(v) "Straw purchase" means a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to:

  (1) complete the application to purchase a regulated firearm;

  (2) take initial possession of the regulated firearm; and

  (3) subsequently transfer the regulated firearm to the person.

#### Section 5-102

This subtitle does not apply to:

(1) the transfer or possession of a regulated firearm or detachable magazine:

  (i) for testing or experimentation authorized by the Secretary; and

  (ii) by a federally licensed gun manufacturer, dealer, or importer;

(2) the sale, transfer, or possession of an antique firearm;

(3) an unserviceable firearm sold, transferred, or possessed as a curio or museum piece;

(4) law enforcement personnel of any unit of the federal government, members of the armed forces or the National Guard, or law enforcement personnel of the State or any local agency in the State, while those personnel or members are acting within the scope of their official duties;

(5) a regulated firearm modified to render it permanently inoperative;

(6) purchases, sales, and transportation to or by a federally licensed gun manufacturer, dealer, or importer;

(7) an organization that is required or authorized by federal law governing its specific business or activity to maintain firearms;

(8) the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm; or

(9) a signal pistol or other visual distress signal that the United States Coast Guard approves as a marine safety device.

#### Section 5-103

This subtitle does not affect:

(1) a sale or transfer for bona fide resale of a regulated firearm in the ordinary course of business of a licensee; or

(2) a sale, rental, transfer, or the use of a regulated firearm by a person authorized or required to do so as part of the person's duties as a member of:

  (i) an official police force or other law enforcement agency;

  (ii) the armed forces, including all official reserve organizations; or

  (iii) the Maryland National Guard.

#### Section 5-104

This subtitle supersedes any restriction that a local jurisdiction in the State imposes on a sale of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the sale of a regulated firearm.

#### Section 5-105

The Secretary shall adopt regulations to carry out this subtitle.

#### Section 5-106

(a) A person must lawfully possess a dealer's license issued by the Secretary before the person engages in the business of selling, renting, or transferring regulated firearms.

(b) One dealer's license is required for each place of business where regulated firearms are sold.

#### Section 5-107

(a)

  (1) An applicant for a dealer's license shall:

    (i) submit to the Secretary an application on the form that the Secretary provides; and

    (ii) pay to the Secretary an application fee of $50, payable to the Comptroller.

  (2) A refund or proration of the application fee is prohibited.

(b) An application for a dealer's license shall contain:

  (1) the applicant's name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, and signature;

  (2) a clear and recognizable photograph of the applicant, unless the photograph has been submitted with a prior year's application;

  (3) a set of the applicant's fingerprints, unless the fingerprints have been submitted with a prior year's application; and

  (4) a statement by the applicant that the applicant:

    (i) is a citizen of the United States;

    (ii) is at least 21 years old;

    (iii) has never been convicted of a disqualifying crime;

    (iv) has never been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

    (v) is not a fugitive from justice;

    (vi) is not a habitual drunkard;

    (vii) is not addicted to a controlled dangerous substance or is not a habitual user; and

    (viii) has never spent more than 30 consecutive days in a medical institution for treatment of a mental disorder, unless a physician's certificate issued within 30 days before the date of application is attached to the application, certifying that the applicant is capable of possessing a regulated firearm without undue danger to the applicant or to another.

(c) Each application for a dealer's license shall contain the following statement: "Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000 or both.".

(d) If an applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the application.

#### Section 5-108

(a) In this section, "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a dealer's license.

(c) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:

  (1) two complete sets of the applicant's legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

  (2) the fee authorized under Sec. 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

  (3) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(d) In accordance with Sec.Sec. 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant's criminal history record information.

(e) Information obtained from the Central Repository under this section:

  (1) is confidential and may not be disseminated; and

  (2) shall be used only for the licensing purpose authorized by this section.

(f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in Sec. 10-223 of the Criminal Procedure Article.

#### Section 5-109

The Secretary shall conduct an investigation to determine the truth or falsity of the information supplied and the statements made in an application for a dealer's license.

#### Section 5-110

(a) The Secretary shall disapprove an application for a dealer's license if:

  (1) the Secretary determines that the applicant supplied false information or made a false statement;

  (2) the Secretary determines that the application is not properly completed;

  (3) the Secretary receives a written notification from the applicant's licensed attending physician that the applicant suffers from a mental disorder and is a danger to the applicant or to another; or

  (4) the Secretary determines that the applicant intends that a person who is not eligible to be issued a dealer's license or whose dealer's license has been revoked or suspended:

    (i) will participate in the management or operation of the business for which the license is sought; or

    (ii) holds a legal or equitable interest in the business for which the license is sought.

(b) If the Secretary disapproves an application for a dealer's license, the Secretary shall notify the applicant in writing of:

  (1) the disapproval of the application; and

  (2) the reason the application was denied.

(c) A person whose application for a dealer's license has been disapproved may not engage in the business of selling, renting, or transferring regulated firearms, unless the disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with subsection (d) of this section.

(d)

  (1) An applicant who is aggrieved because the Secretary has disapproved the application for a dealer's license may appeal to the circuit court of the county where the applicant's place of business is to be located.

  (2) The appeal must be filed not later than 30 days after the Secretary mails notification of disapproval to the applicant.

  (3) If the appeal is properly and timely filed, the court shall affirm or reverse the disapproval of the Secretary depending on whether the court finds that:

    (i) the applicant supplied false information or made a false statement; or

    (ii) the application was not properly completed.

  (4) The Secretary or the applicant may appeal the decision of the circuit court to the Court of Special Appeals.

#### Section 5-111

(a) Unless a dealer's license is renewed for a 1-year term as provided in this section, a dealer's license expires on the first June 30 after its effective date.

(b)

  (1) Before a dealer's license expires, the licensee periodically may renew it for an additional 1-year term, if the licensee:

    (i) is otherwise entitled to be licensed;

    (ii) pays to the Secretary a renewal fee of $25, payable to the Comptroller; and

    (iii) submits to the Secretary a renewal application on the form that the Secretary provides.

  (2) A refund or proration of the renewal fee is prohibited.

#### Section 5-112

(a) A dealer's license is not transferable.

(b) Before moving a place of business, a licensee shall inform the Secretary and surrender the dealer's license.

(c) If a cause to revoke the dealer's license does not exist, the Secretary shall issue a new dealer's license without charge covering the new place of business for the rest of the term of the surrendered dealer's license.

#### Section 5-113

(a) A licensee shall display conspicuously the dealer's license and any other license required by law at the licensee's place of business.

(b) The dealer's license shall identify the licensee and the location of the licensee's place of business.

#### Section 5-114

(a)

  (1) The Secretary shall suspend a dealer's license if the licensee:

    (i) is under indictment for a crime of violence;

    (ii) is arrested for a violation of this subtitle that prohibits the purchase or possession of a regulated firearm;

    (iii) is charged with a crime under Subtitle 7 of this title; or

    (iv) is found in violation of a second offense under Sec. 5-145.1 of this subtitle.

  (2)

    (i) The Secretary may suspend a dealer's license if the licensee is not in compliance with the record keeping and reporting requirements of Sec. 5-145 of this subtitle.

    (ii) The Secretary may lift a suspension under this paragraph after the licensee provides evidence that the record keeping violation has been corrected.

(b) The Secretary shall revoke a dealer's license if:

  (1) it is discovered that false information has been supplied or false statements have been made in an application required by this subtitle; or

  (2) the licensee:

    (i) is convicted of a disqualifying crime;

    (ii) is convicted of a violation classified as a common law crime and receives a term of imprisonment of more than 2 years;

    (iii) is a fugitive from justice;

    (iv) is a habitual drunkard;

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

    (vi) has spent more than 30 consecutive days in a medical institution for treatment of a mental disorder, unless the licensee produces a physician's certificate, issued after the last institutionalization and certifying that the licensee is capable of possessing a regulated firearm without undue danger to the licensee or to another;

    (vii) has knowingly or willfully manufactured, offered to sell, or sold a handgun not on the handgun roster in violation of Sec. 5-406 of this title;

    (viii) has knowingly or willfully participated in a straw purchase of a regulated firearm;

    (ix) is convicted of a crime under Subtitle 7 of this title;

    (x) is found in violation of a third or subsequent offense under Sec. 5-145.1 of this subtitle; or

    (xi) violates Subtitle 9 of this title.

(c) If the Secretary suspends or revokes a dealer's license, the Secretary shall notify the licensee in writing of the suspension or revocation.

(d) A person whose dealer's license is suspended or revoked may not engage in the business of selling, renting, or transferring regulated firearms, unless the suspension or revocation has been subsequently withdrawn by the Secretary or overruled by a court in accordance with Sec. 5-116 of this subtitle.

#### Section 5-115

(a)

  (1) A person whose dealer's license is suspended or revoked or who is fined for a violation of this subtitle and who is aggrieved by the action of the Secretary may request a hearing by writing to the Secretary within 30 days after the Secretary forwards notice to the applicant under Sec. 5-114(c) of this subtitle.

  (2) The Secretary shall grant the hearing within 15 days after receiving the request.

(b) The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

#### Section 5-116

(a) A revocation may not take effect while an appeal is pending.

(b) Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

#### Section 5-117

A person must submit a firearm application in accordance with this subtitle before the person purchases, rents, or transfers a regulated firearm.

#### Section 5-117.1

(a) This section does not apply to:

  (1) a licensed firearms manufacturer;

  (2) a law enforcement officer or person who is retired in good standing from service with a law enforcement agency of the United States, the State, or a local law enforcement agency of the State;

  (3) a member or retired member of the armed forces or the National Guard; or

  (4) a person purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(b) A dealer or any other person may not sell, rent, or transfer a handgun to a purchaser, lessee, or transferee unless the purchaser, lessee, or transferee presents to the dealer or other person a valid handgun qualification license issued to the purchaser, lessee, or transferee by the Secretary under this section.

(c) A person may purchase, rent, or receive a handgun only if the person:

  (1)

    (i) possesses a valid handgun qualification license issued to the person by the Secretary in accordance with this section;

    (ii) possesses valid credentials from a law enforcement agency or retirement credentials from a law enforcement agency;

    (iii) is an active or retired member of the armed forces or the National Guard and possesses a valid uniformed services identification card; or

    (iv) is purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and

  (2) is not otherwise prohibited from purchasing or possessing a handgun under State or federal law.

(d) Subject to subsections (f) and (g) of this section, the Secretary shall issue a handgun qualification license to a person who the Secretary finds:

  (1) is at least 21 years old;

  (2) is a resident of the State;

  (3) except as provided in subsection (e) of this section, has demonstrated satisfactory completion, within 3 years prior to the submission of the application, of a firearms safety training course approved by the Secretary that includes:

    (i) a minimum of 4 hours of instruction by a qualified handgun instructor;

    (ii) classroom instruction on:

      (1) State firearm law;

      (2) home firearm safety; and

      (3) handgun mechanisms and operation; and

    (iii) a firearms orientation component that demonstrates the person's safe operation and handling of a firearm; and

  (4) based on an investigation, is not prohibited by federal or State law from purchasing or possessing a handgun.

(e) An applicant for a handgun qualification license is not required to complete a firearms safety training course under subsection (d) of this section if the applicant:

  (1) has completed a certified firearms training course approved by the Secretary;

  (2) has completed a course of instruction in competency and safety in the handling of firearms prescribed by the Department of Natural Resources under Sec. 10-301.1 of the Natural Resources Article;

  (3) is a qualified handgun instructor;

  (4) is an honorably discharged member of the armed forces of the United States or the National Guard;

  (5) is an employee of an armored car company and has a permit issued under Title 5, Subtitle 3 of this article; or

  (6) lawfully owns a regulated firearm.

(f)

  (1) In this subsection, "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

  (2) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a handgun qualification license.

  (3) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:

    (i) a complete set of the applicant's legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

    (ii) the fee authorized under Sec. 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

    (iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

  (4) The Central Repository shall provide a receipt to the applicant for the fees paid in accordance with paragraph (3)(ii) and (iii) of this subsection.

  (5) In accordance with Sec.Sec. 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant's criminal history information.

  (6) Information obtained from the Central Repository under this section:

    (i) is confidential and may not be disseminated; and

    (ii) shall be used only for the licensing purpose authorized by this section.

  (7) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Department of State Police Licensing Division a revised printed statement of the applicant's or licensee's State criminal history record.

(g) An applicant for a handgun qualification license shall submit to the Secretary:

  (1) an application in the manner and format designated by the Secretary;

  (2) a nonrefundable application fee to cover the costs to administer the program of up to $50;

  (3)

    (i) proof of satisfactory completion of:

      (1) a firearms safety training course approved by the Secretary; or

      (2) a course of instruction in competency and safety in the handling of firearms prescribed by the Department of Natural Resources under Sec. 10-301.1 of the Natural Resources Article; or

    (ii) a valid firearms instructor certification;

  (4) any other identifying information or documentation required by the Secretary; and

  (5) a statement made by the applicant under the penalty of perjury that the applicant is not prohibited under federal or State law from possessing a handgun.

(h)

  (1) Within 30 days after receiving a properly completed application, the Secretary shall issue to the applicant:

    (i) a handgun qualification license if the applicant is approved; or

    (ii) a written denial of the application that contains:

      (1) the reason the application was denied; and

      (2) a statement of the applicant's appeal rights under subsection (l) of this section.

  (2)

    (i) An individual whose fingerprints have been submitted to the Central Repository, and whose application has been denied, may request that the record of the fingerprints be expunged by obliteration.

    (ii) Proceedings to expunge a record under this paragraph shall be conducted in accordance with Sec. 10-105 of the Criminal Procedure Article.

    (iii) On receipt of an order to expunge a fingerprint record, the Central Repository shall expunge by obliteration the fingerprints submitted as part of the application process.

    (iv) An individual may not be charged a fee for the expungement of a fingerprint record in accordance with this paragraph.

(i) A handgun qualification license issued under this section expires 10 years from the date of issuance.

(j)

  (1) The handgun qualification license may be renewed for successive periods of 10 years each if, at the time of an application for renewal, the applicant:

    (i) possesses the qualifications for the issuance of the handgun qualification license; and

    (ii) submits a nonrefundable application fee to cover the costs to administer the program up to $20.

  (2) An applicant renewing a handgun qualification license under this subsection is not required to:

    (i) complete the firearms safety training course required in subsection (d)(3) of this section; or

    (ii) submit to a State and national criminal history records check as required in subsection (f) of this section.

(k)

  (1) The Secretary may revoke a handgun qualification license issued or renewed under this section on a finding that the licensee no longer satisfies the qualifications set forth in subsection (d) of this section.

  (2) A person holding a handgun qualification license that has been revoked by the Secretary shall return the license to the Secretary within 5 days after receipt of the notice of revocation.

(l)

  (1) A person whose original or renewal application for a handgun qualification license is denied or whose handgun qualification license is revoked, may submit a written request to the Secretary for a hearing within 30 days after the date the written notice of the denial or revocation was sent to the aggrieved person.

  (2) A hearing under this section shall be granted by the Secretary within 15 days after the request.

  (3) A hearing and any subsequent proceedings of judicial review under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

  (4) A hearing under this section shall be held in the county of the legal residence of the aggrieved person.

(m)

  (1) If an original or renewal handgun qualification license is lost or stolen, a person may submit a written request to the Secretary for a replacement license.

  (2) Unless the applicant is otherwise disqualified, the Secretary shall issue a replacement handgun qualification license on receipt of a written request and a nonrefundable fee to cover the cost of replacement up to $20.

(n) The Secretary may adopt regulations to carry out the provisions of this section.

#### Section 5-118

(a) A firearm applicant shall:

  (1) submit to a licensee or designated law enforcement agency a firearm application on the form that the Secretary provides; and

  (2) pay to the licensee or designated law enforcement agency an application fee of $10.

(b) A firearm application shall contain:

  (1) the firearm applicant's name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, signature, driver's or photographic identification soundex number, occupation, and regulated firearm information for each regulated firearm to be purchased, rented, or transferred;

  (2) the date and time that the firearm applicant delivered the completed firearm application to the prospective seller or transferor;

  (3) a statement by the firearm applicant under the penalty of perjury that the firearm applicant:

    (i) is at least 21 years old;

    (ii) has never been convicted of a disqualifying crime;

    (iii) has never been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

    (iv) is not a fugitive from justice;

    (v) is not a habitual drunkard;

    (vi) is not addicted to a controlled dangerous substance or is not a habitual user;

    (vii) does not suffer from a mental disorder as defined in Sec. 10-101(i)(2) of the Health - General Article and have a history of violent behavior against the firearm applicant or another;

    (viii) has never been found incompetent to stand trial under Sec. 3-106 of the Criminal Procedure Article;

    (ix) has never been found not criminally responsible under Sec. 3-110 of the Criminal Procedure Article;

    (x) has never been voluntarily admitted for more than 30 consecutive days to a facility as defined in Sec. 10-101 of the Health - General Article;

    (xi) has never been involuntarily committed to a facility as defined in Sec. 10-101 of the Health - General Article;

    (xii) is not under the protection of a guardian appointed by a court under Sec. 13-201(c) or Sec. 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;

    (xiii) is not a respondent against whom:

      (1) a current non ex parte civil protective order has been entered under Sec. 4-506 of the Family Law Article; or

      (2) an order for protection, as defined in Sec. 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; and

    (xiv) if under the age of 30 years at the time of application, has not been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult; and

  (4) unless the applicant is excluded under Sec. 5-117.1(a) of this subtitle, the applicant's handgun qualification license number.

(c) Each firearm application shall contain the following statement: "Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000, or both.".

(d) If the firearm applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the firearm application.

#### Section 5-120

(a)

  (1) On receipt of a firearm application, a licensee or designated law enforcement agency shall promptly forward one copy of it to the Secretary by electronic means approved by the Secretary.

  (2) The copy of the firearm application forwarded to the Secretary shall contain the name, address, and signature of the prospective seller, lessor, or transferor.

(b)

  (1) The prospective seller, lessor, or transferor shall keep one copy of the firearm application for not less than 3 years.

  (2) The firearm applicant is entitled to a copy of the firearm application.

(c) The licensee or designated law enforcement agency shall forward the $10 application fee with the firearm application to the Secretary.

#### Section 5-121

(a) On receipt of a firearm application, the Secretary shall conduct an investigation promptly to determine the truth or falsity of the information supplied and statements made in the firearm application.

(b) In conducting an investigation under this subsection, the Secretary may request the assistance of the Police Commissioner of Baltimore City, the chief of police in any county maintaining a police force, or the sheriff in a county not maintaining a police force.

#### Section 5-122

(a) The Secretary shall disapprove a firearm application if:

  (1) the Secretary determines that the firearm applicant supplied false information or made a false statement;

  (2) the Secretary determines that the firearm application is not properly completed; or

  (3) the Secretary receives written notification from the firearm applicant's licensed attending physician that the firearm applicant suffers from a mental disorder and is a danger to the firearm applicant or to another.

(b)

  (1) If the Secretary disapproves a firearm application, the Secretary shall notify the prospective seller, lessor, or transferor in writing of the disapproval within 7 days after the date that the executed firearm application is forwarded to the Secretary by certified mail or facsimile machine.

  (2) After notifying the prospective seller, lessor, or transferor under paragraph (1) of this subsection, the Secretary shall notify the prospective purchaser, lessee, or transferee in writing of the disapproval.

  (3) The date when the prospective seller, lessor, or transferor forwards the executed firearm application to the Secretary by certified mail or by facsimile machine is the first day of the 7-day period allowed for notice of disapproval to the prospective seller, lessor, or transferor.

#### Section 5-123

(a) A licensee may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by the prospective seller or transferor to the Secretary.

(b) A licensee shall complete the sale, rental, or transfer of a regulated firearm within 90 days after the firearm application was stamped by the Secretary as not being disapproved.

(c)

  (1) If the sale, rental, or transfer of a regulated firearm is not completed within 90 days after the firearm application was stamped by the Secretary as not being disapproved, a licensee shall return the firearm application to the Secretary within 7 days.

  (2) The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer.

(d)

  (1)

    (i) A licensee who sells, rents, or transfers a regulated firearm in compliance with this subtitle shall forward a copy of the written notification of the completed transaction to the Secretary within 7 days after delivery of the regulated firearm.

    (ii) The notification shall contain an identifying description of the regulated firearm, including its caliber, make, model, any manufacturer's serial number, and any other special or peculiar characteristic or marking by which the regulated firearm may be identified.

  (2) The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.

#### Section 5-124

(a)

  (1) A person who is not a licensee may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by a licensee to the Secretary.

  (2) As an alternative to completing a secondary sale of a regulated firearm through a licensee, a prospective seller, lessor, or transferor and a prospective purchaser, lessee, or transferee may complete the transaction through a designated law enforcement agency.

(b) A firearm applicant for a secondary sale of a regulated firearm through a licensee shall pay to the licensee a processing fee not exceeding $20.

(c) A person shall complete the sale, rental, or transfer of a regulated firearm within 90 days after the firearm application was stamped by the Secretary as not being disapproved.

(d)

  (1) If the sale, rental, or transfer of a regulated firearm is not completed within 90 days after the firearm application was stamped by the Secretary as not being disapproved, a person shall return the firearm application to the Secretary within 7 days.

  (2) The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer.

(e)

  (1)

    (i) A person who sells, rents, or transfers a regulated firearm in compliance with this subtitle shall forward a copy of the written notification of the completed transaction to the Secretary within 7 days after delivery of the regulated firearm.

    (ii) The notification shall contain an identifying description of the regulated firearm, including its caliber, make, model, any manufacturer's serial number, and any other special or peculiar characteristic or marking by which the regulated firearm may be identified.

  (2) The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.

#### Section 5-125

(a) An approved firearm application is valid only for the purchase, rental, or transfer of the regulated firearm listed in the firearm application.

(b) A licensee or other person may not sell, rent, or transfer a regulated firearm to a firearm applicant whose firearm application is placed on hold because of an open disposition of criminal proceedings against the firearm applicant or disapproved, unless the hold or disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with Sec. 5-127 of this subtitle.

#### Section 5-126

(a)

  (1) A firearm applicant who is aggrieved by the action of the Secretary may request a hearing by writing to the Secretary within 30 days after the Secretary forwards notice to the firearm applicant under Sec. 5-122 of this subtitle.

  (2) The Secretary shall grant the hearing within 15 days after receiving the request.

(b) The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The hearing shall be held in the county of the legal residence of the firearm applicant.

#### Section 5-127

Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

#### Section 5-128

(a) Subsection (b) of this section does not apply to:

  (1) a law enforcement agency;

  (2) an agency authorized to perform law enforcement duties;

  (3) a State or local correctional facility;

  (4) a private security company licensed to do business in the State;

  (5) the purchase of an antique firearm;

  (6) a purchase by a licensee;

  (7) the exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within 30 days immediately before the exchange or replacement; or

  (8) a person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately, if:

    (i) the person provides the licensee with a copy of the official police report or an official summary of the report, a copy of which shall be attached to the firearm application;

    (ii) the official police report or official summary of the report contains the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, the date of the loss or theft, and the date when the loss or theft was reported to the law enforcement agency; and

    (iii) the loss or theft occurred within 30 days before the person's attempt to replace the regulated firearm, as reflected by the date of loss or theft on the official police report or official summary of the report.

(b) A person may not purchase more than one regulated firearm in a 30-day period.

(c) A licensee or other person may not sell, rent, or transfer a regulated firearm to a firearm applicant whose firearm application is placed on hold because of an open disposition of criminal proceedings against the firearm applicant or disapproved, unless the hold or disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with Sec. 5-127 of this subtitle.

(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 $5,000 or both.

#### Section 5-129

(a) Notwithstanding Sec. 5-128(b) of this subtitle, a person may purchase more than one regulated firearm in a 30-day period if:

  (1) the person applies for and the Secretary approves a multiple purchase; and

  (2)

    (i) the purchase of the regulated firearms is for a private collection or a collector series;

    (ii) the purchase of the regulated firearms is a bulk purchase from an estate sale;

    (iii)

      (1) the purchase of not more than two regulated firearms is a multiple purchase to take advantage of a licensee's discounted price available only for a multiple purchase; and

      (2) the purchaser is prohibited from purchasing a regulated firearm during the following 30-day period unless approved under item (i) or (ii) of this item; or

    (iv) the purchase is for other purposes similar to items (i) through (iii) of this item.

(b)

  (1) The application for a multiple purchase shall:

    (i) list the regulated firearms to be purchased;

    (ii) state the purpose of the purchase of more than one regulated firearm in a 30-day period;

    (iii) be witnessed by a licensee or designated law enforcement agency; and

    (iv) be signed under the penalty of perjury by the firearm applicant.

  (2) The application for a multiple purchase of regulated firearms shall be attached to a completed firearm application and forwarded to the Secretary by a licensee or designated law enforcement agency.

(c) On receipt of the firearm application and the application for a multiple purchase, the Secretary shall conduct a background investigation as required in Sec. 5-121 of this subtitle.

(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 $5,000 or both.

#### Section 5-130

(a) In this section, "gun show" means any organized gathering open to the public at which any firearm is displayed.

(b) Subsections (c) through (h) of this section do not apply to a licensee.

(c) A person must obtain a temporary transfer permit issued by the Secretary before the person displays a regulated firearm for sale or transfer from a table or fixed display at a gun show.

(d)

  (1) An applicant for a temporary transfer permit shall:

    (i) submit to the Secretary an application on the form that the Secretary provides; and

    (ii) pay to the Secretary a fee of $10 for each calendar year.

  (2) Each additional temporary transfer permit during the same calendar year shall be issued without charge.

(e) The application for a temporary transfer permit shall contain any information that is necessary for the Secretary to conduct a computer background investigation.

(f) Each application for a temporary transfer permit shall contain the following statement: "Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years or a fine not more than $5,000 or both.".

(g)

  (1) The Secretary shall conduct an investigation to determine the truth or falsity of the information supplied and the statements made in the application for a temporary transfer permit.

  (2) If there is no reason to disapprove the application for a temporary transfer permit, the Secretary shall issue the permit within 7 days after the date of application.

  (3) The Secretary shall disapprove an application for a temporary transfer permit if the Secretary determines that:

    (i) the applicant supplied false information or made a false statement; or

    (ii) the application is not properly completed.

  (4) If the Secretary disapproves an application for a temporary transfer permit, the Secretary shall notify the applicant in writing of the disapproval.

(h)

  (1) A temporary transfer permit shall be clearly labeled "temporary" and shall include the statement: "This is not a license to engage in the business of selling firearms.".

  (2) The temporary transfer permit shall be placed in public view as part of any display of a regulated firearm.

(i)

  (1) A person may not receive more than five temporary transfer permits during a single calendar year.

  (2) To display a regulated firearm for sale, trade, or transfer at more than five gun shows in a calendar year, a person shall obtain a dealer's license under this subtitle.

(j) A sale or transfer of a regulated firearm from a table or fixed display at a gun show is governed by Sec.Sec. 5-103, 5-104, 5-117 through 5-129, and 5-136 of this subtitle.

#### Section 5-132

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Authorized user" means the owner of a handgun or a person authorized by the owner to possess and use the handgun.

  (3) "External safety lock" means an external device that is:

    (i) attached to a handgun with a key or combination lock; and

    (ii) designed to prevent a handgun from being discharged unless the device has been deactivated.

  (4) "Handgun" does not include a signal, starter, or blank pistol.

  (5) "Handgun Roster Board" means the Handgun Roster Board established under Sec. 5-404 of this title.

  (6) "Integrated mechanical safety device" means a disabling or locking device that is:

    (i) built into a handgun; and

    (ii) designed to prevent the handgun from being discharged unless the device has been deactivated.

  (7) "Personalized handgun" means a handgun manufactured with incorporated design technology that:

    (i) allows the handgun to be fired only by the authorized user; and

    (ii) prevents any of the safety characteristics of the handgun from being readily deactivated.

(b) This section does not apply to:

  (1) the purchase, sale, or transportation of a handgun to or by a federally licensed gun dealer or manufacturer that provides or services a handgun for:

    (i) personnel of any unit of the federal government;

    (ii) members of the armed forces or the National Guard;

    (iii) law enforcement personnel of the State or any local law enforcement agency in the State while acting within the scope of their official duties; and

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

  (2) a firearm modified to be permanently inoperative;

  (3) the sale or transfer of a handgun by a federally licensed gun dealer or manufacturer covered under item (1) of this subsection;

  (4) the sale or transfer of a handgun by a federally licensed gun dealer or manufacturer to a lawful customer outside the State; or

  (5) an antique firearm.

(c)

  (1) A dealer may not sell, offer for sale, rent, or transfer in the State a handgun manufactured on or before December 31, 2002, unless the handgun is sold, offered for sale, rented, or transferred with an external safety lock.

  (2) On or after January 1, 2003, a dealer may not sell, offer for sale, rent, or transfer in the State a handgun manufactured on or after January 1, 2003, unless the handgun has an integrated mechanical safety device.

(d)

  (1) The Handgun Roster Board annually shall:

    (i) review the status of personalized handgun technology; and

    (ii) on or before July 1, report its findings to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, to the General Assembly.

  (2) In reviewing the status of personalized handgun technology under paragraph (1) of this subsection, the Handgun Roster Board shall consider:

    (i) the number and variety of models and calibers of personalized handguns that are available for sale;

    (ii) each study, analysis, or other evaluation of personalized handguns conducted or commissioned by:

      (1) the National Institute of Justice;

      (2) a federal, State, or local law enforcement laboratory; or

      (3) any other entity with an expertise in handgun technology; and

    (iii) any other information that the Handgun Roster Board considers relevant.

#### Section 5-133

(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.

(b) Subject to Sec. 5-133.3 of this subtitle, a person may not possess a regulated firearm if the person:

  (1) has been convicted of a disqualifying crime;

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

  (3)

    (i) has been convicted on or after October 1, 2023, of a second or subsequent violation of Sec. 4-104 of the Criminal Law Article; or

    (ii) has been convicted on or after October 1, 2023, of a violation of Sec. 4-104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another person;

  (4) subject to subsection (b-1) of this section, is on supervised probation after being convicted:

    (i) of a crime punishable by imprisonment for 1 year or more;

    (ii) for a violation of Sec. 21-902(b) or (c) of the Transportation Article; or

    (iii) for violating a protective order under Sec. 4-509 of the Family Law Article;

  (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 Sec. 10-101(i)(2) of the Health - General Article and has a history of violent behavior against the person or another;

  (9) has been found incompetent to stand trial under Sec. 3-106 of the Criminal Procedure Article;

  (10) has been found not criminally responsible under Sec. 3-110 of the Criminal Procedure Article;

  (11) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in Sec. 10-101 of the Health - General Article;

  (12) has been involuntarily committed to a facility as defined in Sec. 10-101 of the Health - General Article;

  (13) is under the protection of a guardian appointed by a court under Sec. 13-201(c) or Sec. 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;

  (14) except as provided in subsection (e) of this section, is a respondent against whom:

    (i) a current non ex parte civil protective order has been entered under Sec. 4-506 of the Family Law Article; or

    (ii) an order for protection, as defined in Sec. 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

  (15) 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.

(b-1) Subsection (b)(4) of this section may not be construed to prohibit possession of a regulated firearm by a person who was not convicted of but received only probation before judgment for an offense listed in subsection (b)(4) of this section.

(c)

  (1) A person may not possess a regulated firearm if the person was previously convicted of:

    (i) a crime of violence;

    (ii) a violation of Sec. 5-602, Sec. 5-603, Sec. 5-604, Sec. 5-605, Sec. 5-612, Sec. 5-613, Sec. 5-614, Sec. 5-621, or Sec. 5-622 of the Criminal Law Article; or

    (iii) an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed in this State.

  (2)

    (i) Subject to paragraph (3) of this subsection, a person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment for not less than 5 years and not exceeding 15 years.

    (ii) The court may not suspend any part of the mandatory minimum sentence of 5 years.

    (iii) Except as otherwise provided in Sec. 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

  (3) At the time of the commission of the offense, if a period of more than 5 years has elapsed since the person completed serving the sentence for the most recent conviction under paragraph (1)(i) or (ii) of this subsection, including all imprisonment, mandatory supervision, probation, and parole:

    (i) the imposition of the mandatory minimum sentence is within the discretion of the court; and

    (ii) the mandatory minimum sentence may not be imposed unless the State's Attorney notifies the person in writing at least 30 days before trial of the State's intention to seek the mandatory minimum sentence.

  (4) Each violation of this subsection is a separate crime.

  (5) A person convicted under this subsection is not prohibited from participating in a drug treatment program under Sec. 8-507 of the Health - General Article because of the length of the sentence.

(d)

  (1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm.

  (2) Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to:

    (i) the temporary transfer or possession of a regulated firearm if the person is:

      (1) under the supervision of another who is at least 21 years old and who is not prohibited by State or federal law from possessing a firearm; and

      (2) acting with the permission of the parent or legal guardian of the transferee or person in possession;

    (ii) the transfer by inheritance of title, and not of possession, of a regulated firearm;

    (iii) a member of the armed forces or the National Guard while performing official duties;

    (iv) the temporary transfer or possession of a regulated firearm if the person is:

      (1) participating in marksmanship training of a recognized organization; and

      (2) under the supervision of a qualified instructor;

    (v) a person who is required to possess a regulated firearm for employment and who holds a permit under Subtitle 3 of this title; or

    (vi) the possession of a firearm for self-defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest.

(e) This section does not apply to a respondent transporting a regulated firearm if the respondent is carrying a civil protective order requiring the surrender of the regulated firearm and:

  (1) the regulated firearm is unloaded;

  (2) the respondent has notified the law enforcement unit, barracks, or station that the regulated firearm is being transported in accordance with the civil protective order; and

  (3) the respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.

(f) This section does not apply to the carrying or transporting of a regulated firearm by a person who is carrying a court order requiring the surrender of the regulated firearm, if:

  (1) the firearm is unloaded;

  (2) the person has notified a law enforcement unit, barracks, or station that the firearm is being transported in accordance with the order; and

  (3) the person transports the firearm directly to a State or local law enforcement agency or a federally licensed firearms dealer.

(g) Subject to subsection (b)(3) of this section, a person who has been convicted on or after October 1, 2023, of a violation of Sec. 4-104 of the Criminal Law Article may not possess a regulated firearm for 5 years following the date of the conviction.

#### Section 5-133.1

(a) In this section, "ammunition" means a cartridge, shell, or any other device containing explosive or incendiary material designed and intended for use in a firearm.

(b) A person may not possess ammunition if the person is prohibited from possessing a regulated firearm under Sec. 5-133 (b) or (c) of this subtitle.

(c) A person who violates this section 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.

#### Section 5-133.2

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Facility" has the meaning stated in Sec. 10-101 of the Health - General Article.

  (3) "NICS Index" means the Federal Bureau of Investigation's National Instant Criminal Background Check System.

(b)

  (1) A court shall promptly report information required in paragraph (2) of this subsection through a secure data portal approved by the Department of Public Safety and Correctional Services if a court:

    (i) determines that a person is not criminally responsible under Sec. 3-110 of the Criminal Procedure Article;

    (ii) finds that a person is incompetent to stand trial under Sec. 3-106 of the Criminal Procedure Article; or

    (iii) finds under Sec. 13-201(c) or Sec. 13-705 of the Estates and Trusts Article that a person should be under the protection of a guardian, except for cases in which the appointment of a guardian is solely a result of a physical disability.

  (2) On a finding or determination under paragraph (1) of this subsection, the following information shall be reported to the NICS Index:

    (i) the name and identifying information of the person; and

    (ii) the date of the determination or finding.

(c)

  (1) A facility shall report information required in paragraph (2) of this subsection regarding a person admitted to the facility under Sec. 10-609 of the Health - General Article or committed to the facility under Title 10, Subtitle 6, Part III of the Health - General Article to the NICS Index through a secure data portal approved by the Department of Public Safety and Correctional Services, if:

    (i) the person has been admitted to a facility for 30 consecutive days or more; or

    (ii) the person has been involuntarily committed to a facility.

  (2) On admission to a facility the following information shall be reported to the NICS Index:

    (i) the name and identifying information of the person admitted or committed;

    (ii) the date the person was admitted or committed to the facility; and

    (iii) the name of the facility to which the person was admitted or committed.

#### Section 5-133.3

(a) In this section, "Health Department" means the Maryland Department of Health.

(b) A person subject to a regulated firearms disqualification under Sec. 5-133(b)(6), (7), (8), (9), (10), or (11) of this subtitle, a rifle or shotgun disqualification under Sec. 5-205(b)(6), (7), (8), (9), (10), or (11) of this title, or prohibited from the shipment, transportation, possession, or receipt of a firearm by 18 U.S.C. Sec. 922(d)(4) or (g)(4) as a result of an adjudication or commitment that occurred in the State may be authorized to possess a firearm if:

  (1) the person is not subject to another firearms restriction under State or federal law; and

  (2) the Health Department, in accordance with this section, determines that the person may possess a firearm.

(c) A person who seeks relief from a firearms disqualification shall file an application with the Health Department in the form and manner set by the Health Department.

(d) An application for relief from a firearms disqualification shall include:

  (1) a complete and accurate statement explaining the reason why the applicant is prohibited from possessing a regulated firearm under Sec. 5-133(b)(6), (7), (8), (9), (10), or (11) of this subtitle or a rifle or shotgun under Sec. 5-205(b)(6), (7), (8), (9), (10), or (11) of this title, or is prohibited from the shipment, transportation, possession, or receipt of a firearm by 18 U.S.C. Sec. 922(d)(4) or (g)(4) as a result of an adjudication or commitment that occurred in the State;

  (2) a statement why the applicant should be relieved from the prohibition described in item (1) of this subsection;

  (3) if the applicant is subject to a prohibition described in item (1) of this subsection, a certificate issued within 30 days of the submission of the application on a form approved by the Health Department and signed by an individual licensed in the State as a physician who is board certified in psychiatry or as a psychologist stating:

    (i) the length of time that the applicant has not had symptoms that cause the applicant to be a danger to the applicant or others, or, if the disqualification relates to an intellectual disability, the length of time that the applicant has not engaged in behaviors that cause the applicant to be a danger to the applicant or others;

    (ii) the length of time that the applicant has been compliant with the treatment plan for the applicant's mental illness, or, if the disqualification relates to an intellectual disability, the length of time that the applicant has been compliant with any behavior plan or behavior management plan;

    (iii) an opinion as to whether the applicant, because of mental illness, would be a danger to the applicant if allowed to possess a firearm and a statement of reasons for the opinion; and

    (iv) an opinion as to whether the applicant, because of mental illness, would be a danger to another person or poses a risk to public safety if allowed to possess a firearm;

  (4) if the applicant is prohibited from possessing a firearm under Sec. 5-133(b)(11) of this subtitle or Sec. 5-205(b)(11) of this title:

    (i) a copy of all pleadings, affidavits, and certificates submitted into evidence at the guardianship proceeding; and

    (ii) all orders issued by the court relating to the guardianship, including, if applicable, an order indicating that the guardianship is no longer in effect;

  (5) a signed authorization, on a form approved by the Health Department, allowing the Health Department to access any relevant health care, mental health, disability, guardianship, and criminal justice records, including court ordered or required mental health records, of the applicant for use in determining whether the applicant should be relieved from a firearms disqualification;

  (6) three statements signed and dated within 30 days of submission to the Health Department on a form designated by the Health Department attesting to the applicant's reputation and character relevant to firearm ownership or possession including:

    (i) at least two statements provided by an individual who is not related to the applicant; and

    (ii) contact information for each individual providing a statement; and

  (7) any other information required by the Health Department.

(e) The Health Department may not approve an application under this section if a determination is made that:

  (1) the applicant supplied incomplete or false information or made a false statement;

  (2) the application is not properly completed; or

  (3) on review of the application and supporting documentation and any other information relating to the application requested by the Health Department, including any criminal history records and mental health records of the applicant, the applicant has not shown by a preponderance of the evidence that the applicant will be unlikely to act in a manner dangerous to the applicant or to public safety and that granting a license to possess a regulated firearm or authorizing the possession of a rifle or shotgun would not be contrary to the public interest.

(f)

  (1) If the Health Department determines that the application shall be approved, the Health Department shall provide the applicant with a certificate affirming the applicant's mental competence to possess a firearm.

  (2) A certificate provided under paragraph (1) of this subsection or a written statement that the individual is not mentally competent to possess a firearm shall be provided to the applicant within 60 days from the Health Department's receipt of a completed application, which includes any records necessary to review an application.

  (3) A certificate issued under paragraph (1) of this subsection shall be presented to the Department of State Police as evidence of the applicant's eligibility to possess a firearm.

(g)

  (1) An applicant who is aggrieved by the action of the Health Department under subsection (e) of this section may request a hearing in writing to the Secretary of Health within 30 days after the Health Department mails notice of the decision to the applicant.

  (2)

    (i) The hearing requested under paragraph (1) of this subsection shall be held in accordance with Title 10, Subtitle 2 of the State Government Article within 60 days after the Health Department receives the request.

    (ii) At the hearing, the information described in subsections (d) and (e) of this section shall be considered and used to determine whether the applicant, if allowed to possess a firearm, would not be likely to act in a manner dangerous to the public safety and whether granting the relief would not be contrary to the public interest.

  (3)

    (i) Judicial review of the determination on an application under this section for relief from a firearms prohibition may be sought in accordance with Sec.Sec. 10-222 and 10-223 of the State Government Article.

    (ii) Notwithstanding the provisions of Sec. 10-222 of the State Government Article, the circuit court may give deference to the final decision of the Health Department and may in its discretion receive additional evidence that it determines to be necessary to conduct an adequate review.

(h) The Board of Review of the Health Department does not have jurisdiction to review a final decision of the Health Department under this section.

(i) After a determination on the merits of a hearing requested under this section, an applicant may not request a subsequent hearing within 1 year after the completion of the hearing process and any judicial review of the administrative decision.

(j) The Secretary of Health may adopt regulations establishing fees to cover the administrative costs associated with the implementation of this section.

(k) An individual licensed in the State as a physician who is board certified in psychiatry, or a psychologist who, in good faith and with reasonable grounds, acts in compliance with this section, may not be held civilly or criminally liable for actions authorized by this section.

#### Section 5-134

(a) 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) A dealer or other person may not sell, rent, loan, or transfer a regulated firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows or has reasonable cause to believe:

  (1) is under the age of 21 years, unless the regulated firearm is loaned to a borrower who may possess the regulated firearm under Sec. 5-133(d) of this subtitle;

  (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 Sec. 10-101(i)(2) of the Health - General Article, and has a history of violent behavior against the purchaser, lessee, borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee possesses a physician's certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee or to another;

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

  (10) is a respondent against whom a current non ex parte civil protective order has been entered under Sec. 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;

  (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 Maryland Police Training and Standards Commission or that meets standards established by the Maryland Police Training and Standards Commission under Sec. 3-207 of this article; or

  (15) intends to use the regulated firearm to:

    (i) commit a crime; or

    (ii) cause harm to the purchaser, lessee, transferee, or recipient or another person.

(c) A person is not required to complete a certified firearms safety training course under subsection (b)(14) of this section if the person:

  (1) has already completed a certified firearms safety training course required under subsection (b)(14) of this section;

  (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 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;

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

  (6) is the borrower of a firearm.

(d)

  (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.

#### Section 5-135

A regulated firearm that is sold, rented, transferred, possessed, received, or purchased in violation of this subtitle may be:

(1) seized by a law enforcement agency as contraband; and

(2) after a finding of guilt, disposed of in accordance with Title 13, Subtitle 2 of the Criminal Procedure Article.

#### Section 5-136

(a)

  (1) This section does not apply to a person who purchases a regulated firearm as a gift if:

    (i) the regulated firearm is a gift to a resident of the State; and

    (ii)

      (1) both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

      (2) if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

  (2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

    (i) complete an application to purchase or transfer a regulated firearm; and

    (ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.

  (3) The Secretary shall waive the $10 application fee required under Sec. 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.

(b) A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

#### Section 5-137

(a) A person who seeks to own a regulated firearm and purchases the regulated firearm from an out-of-state federally licensed gun importer, manufacturer, or dealer shall:

  (1) have the federally licensed importer, manufacturer, or dealer ship the regulated firearm to a licensee for processing; and

  (2) comply with Sec.Sec. 5-103, 5-104, 5-117 through 5-129, and 5-136 of this subtitle.

(b) If a person purchases a regulated firearm for use within the scope of the person's official duties, the Secretary may waive the 7-day waiting period under Sec. 5-124 of this subtitle for:

  (1) law enforcement personnel of any unit of the federal government;

  (2) members of the armed forces or the National Guard; or

  (3) law enforcement personnel of the State or any local agency in the State.

#### Section 5-138

(a) A person may not possess, sell, transfer, or otherwise dispose of a stolen regulated firearm if the person knows or has reasonable cause to believe that the regulated firearm has been stolen.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(c) Each violation of this section is a separate crime.

#### Section 5-139

(a) A person may not knowingly give false information or make a material misstatement in a firearm application or in an application for a dealer's license.

(b) 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 $5,000 or both.

#### Section 5-140

(a) A dealer or other person may not transport a regulated firearm into the State for the purpose of unlawfully selling or trafficking of the regulated firearm.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

(c) Each violation of this section is a separate crime.

#### Section 5-141

(a) A dealer or other person may not be a knowing participant in a straw purchase of a regulated firearm for a minor or for a person prohibited by law from possessing a regulated firearm.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

(c) Each violation of this section is a separate crime.

#### Section 5-142

(a) A person may not obliterate, remove, change, or alter the manufacturer's identification mark or number on a firearm.

(b) If on trial for a violation of this section possession of the firearm by the defendant is established, the defendant is presumed to have obliterated, removed, changed, or altered the manufacturer's identification mark or number on the firearm.

#### Section 5-143

(a)

  (1) A person who moves into the State with the intent of becoming a resident shall register all regulated firearms with the Secretary within 90 days after establishing residency.

  (2) The Secretary shall prepare and, on request of an applicant, provide an application form for registration under this section.

(b) An application for registration under this section shall contain:

  (1) the make, model, manufacturer's serial number, caliber, type, barrel length, finish, and country of origin of each regulated firearm; and

  (2) the firearm applicant's name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, signature, driver's or photographic identification Soundex number, and occupation.

(c) An application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable total registration fee of $15, regardless of the number of firearms registered.

(d) Registration data provided under this section is not open to public inspection.

#### Section 5-144

(a) Except as otherwise provided in this subtitle, a dealer or other person may not:

  (1) knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated firearm in violation of this subtitle; or

  (2) knowingly violate Sec. 5-142 of this subtitle.

(b) 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 $10,000 or both.

(c) Each violation of this section is a separate crime.

#### Section 5-145

(a)

  (1) A licensed dealer shall keep records of all receipts, sales, and other dispositions of firearms affected in connection with the licensed dealer's business.

  (2) The Secretary shall adopt regulations specifying:

    (i) subject to paragraph (3) of this subsection, the information that the records shall contain;

    (ii) the time period for which the records are to be kept; and

    (iii) the form in which the records are to be kept.

  (3) The records shall include:

    (i) the name and address of each person from whom the dealer acquires a firearm and to whom the dealer sells or otherwise disposes of a firearm;

    (ii) a precise description, including make, model, caliber, and serial number of each firearm acquired, sold, or otherwise disposed of; and

    (iii) the date of each acquisition, sale, or other disposition.

  (4) Records maintained under 18 U.S.C. Sec. 923(g)(1)(A) may be used to satisfy the requirements of this section, if the Secretary is granted access to those records.

(b)

  (1) When required by a letter issued by the Secretary, a licensee shall submit to the Secretary the information required to be kept under subsection (a) of this section for the time periods specified by the Secretary.

  (2) The Secretary shall determine the form and method by which the records shall be maintained.

(c) When a firearms business is discontinued and succeeded by a new licensee, the records required to be kept under this section shall reflect the business discontinuance and succession and shall be delivered to the successor licensee.

(d)

  (1) A licensee shall respond within 48 hours after receipt of a request from the Secretary for information contained in the records required to be kept under this section when the information is requested in connection with a bona fide criminal investigation.

  (2) The information requested under this subsection shall be provided orally or in writing, as required by the Secretary.

  (3) The Secretary may implement a system by which a licensee can positively establish that a person requesting information by telephone is authorized by the Secretary to request the information.

(e) The Secretary may make available to a federal, State, or local law enforcement agency any information that the Secretary obtains under this section relating to the identities of persons who have unlawfully purchased or received firearms.

(f) The Secretary:

  (1) shall inspect the inventory and records of a licensed dealer at least once every 2 years; and

  (2) may inspect the inventory and records at any time during the normal business hours of the licensed dealer's business.

(g)

  (1) A person who violates this section is subject to a civil penalty not exceeding $1,000 imposed by the Secretary.

  (2) For a second or subsequent offense, a person who knowingly violates this section is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both.

  (3) The penalties provided in this subsection are not intended to apply to inconsequential or inadvertent errors.

#### Section 5-145.1

(a) A licensed dealer may not conduct business and store firearms at a location unless:

  (1) the premises on which the licensed dealer operates is equipped with security features, including:

    (i) equipment capable of filming and recording video footage inside and outside buildings where firearms are stored;

    (ii) at least one of the following features designed to prevent unauthorized entry installed on all exterior doors and windows of all buildings where firearms are stored:

      (1) bars;

      (2) security screens;

      (3) commercial grade metal doors;

      (4) grates; or

      (5) other physical barriers approved by the Secretary;

    (iii) a burglary alarm system that is continually monitored; and

    (iv) if practicable, physical barriers designed to prevent the use of motor vehicles to breach all buildings where firearms are stored; or

  (2) outside business hours, the licensed dealer locks all firearms stored on the premises in:

    (i) a vault;

    (ii) a safe; or

    (iii) a room or building that meets the requirements under item (1) of this subsection.

(b)

  (1) A licensed dealer shall notify the Secretary within 24 hours after the dealer first has knowledge that:

    (i) there has been a burglary, attempted burglary, robbery, or theft involving a firearm or ammunition at the premises on which the licensed dealer operates or where firearms are stored; or

    (ii) a security feature required under subsection (a)(1) of this section has been compromised, including:

      (1) the failure of equipment to film and record video footage under subsection (a)(1)(i) of this section;

      (2) the failure of a feature to prevent unauthorized entry under subsection (a)(1)(ii) of this section;

      (3) the failure of a burglary alarm system to allow for monitoring under subsection (a)(1)(iii) of this section; or

      (4) the failure of a physical barrier to prevent a breach, if utilized under subsection (a)(1)(iv) of this section.

  (2) The notice required under paragraph (1) of this subsection is in addition to any report made to the local law enforcement agency or the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(c)

  (1) This subsection does not apply if the equipment or alarm system became temporarily inoperable at no fault of the licensed dealer.

  (2) A person who violates this section is subject to a civil penalty imposed by the Secretary:

    (i) for a first violation, not exceeding $250; and

    (ii) for a second or subsequent violation, not exceeding $1,000.

  (3) In addition to the penalty imposed under paragraph (2) of this subsection, a person who knowingly and willfully violates this section is subject to:

    (i) for a second offense, suspension of the person's dealer's license; and

    (ii) for a third or subsequent offense, revocation of the person's dealer's license.

(d) The Secretary shall adopt rules and regulations to determine whether a licensed dealer has met the requirements of subsection (a) of this section.

#### Section 5-146

(a) A dealer or any other person who sells or transfers a regulated firearm shall notify the purchaser or recipient of the regulated firearm at the time of purchase or transfer that the purchaser or recipient is required to report a lost or stolen regulated firearm to the local law enforcement agency as required under subsection (b) of this section.

(b) If a regulated firearm is lost or stolen, the owner of the regulated firearm shall report the loss or theft to the local law enforcement agency within 72 hours after the owner first discovers the loss or theft.

(c) On receipt of a report of a lost or stolen regulated firearm, a local law enforcement agency shall report to the Secretary and enter into the National Crime Information Center (NCIC) database, to the extent known, the caliber, make, model, manufacturer, and serial number of the regulated firearm and any other distinguishing number or identification mark on the regulated firearm.

(d)

  (1) A knowing and willful first-time violation of this section is a civil offense punishable by a fine not exceeding $500.

  (2) A person who knowingly and willfully violates this section for a second or subsequent time is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

(e) The imposition of a civil or criminal penalty under this section does not preclude the pursuit of any other civil remedy or criminal prosecution authorized by law.

#### Section 5-147

(a) In this section, "Department" means the Department of State Police.

(b)

  (1) The Department shall transmit to each e-mail address on file with the Department that is associated with the purchaser or transferee of a regulated firearm or a person who has registered a regulated firearm with the Department a summary of each new law or change to each existing law pertaining to firearms that was passed by the General Assembly during each legislative session as provided in paragraph (2) of this subsection.

  (2) The summary described in paragraph (1) of this subsection shall be transmitted:

    (i) within 45 days after the General Assembly adjourns Sine Die in a legislative session;

    (ii) for each act establishing a new law or change to an existing law pertaining to firearms, 30 days before the effective date of the act; and

    (iii) if an act is designated as an emergency act, as soon as practicable.

#### Section 5-148

(a) On or before October 1, 2024, and each October 1 thereafter, the Maryland Judiciary shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the number of charges, convictions, and sentences for violations of Sec. 4-203 of the Criminal Law Article and Sec. 5-133(d) of this subtitle.

(b) The information included in the report shall be disaggregated by jurisdiction, race, and gender.

### Subtitle 2. Rifles and Shotguns

#### Section 5-201

(a) In this subtitle the following words have the meanings indicated.

(b) "Dealer's license" means a federal firearms license.

(c) "Immediate family member" means a spouse, a parent, a stepparent, a grandparent, a stepgrandparent, an aunt, an uncle, a sibling, a stepsibling, a child, a stepchild, a grandchild, a stepgrandchild, a niece, or a nephew, as related by blood or marriage.

(d) "Licensee" means a person who holds a dealer's license.

(e) "NICS Index" has the meaning stated in Sec. 5-133.2 of this title.

(f) "Rifle" has the meaning stated in Sec. 4-201 of the Criminal Law Article.

(g) "Short-barreled rifle" has the meaning stated in Sec. 4-201 of the Criminal Law Article.

(h) "Short-barreled shotgun" has the meaning stated in Sec. 4-201 of the Criminal Law Article.

(i) "Shotgun" has the meaning stated in Sec. 4-201 of the Criminal Law Article.

#### Section 5-202

This subtitle does not apply to a short-barreled rifle or short-barreled shotgun that is:

(1) an antique firearm as defined in Sec. 4-201 of the Criminal Law Article;

(2) a device designed or redesigned for use other than as a weapon;

(3) a device designed or redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or

(4) a firearm that cannot:

  (i) discharge a projectile by an explosive; and

  (ii) be readily restored to a firing condition.

#### Section 5-203

(a) A person may not possess a short-barreled rifle or short-barreled shotgun unless:

  (1) the person, while on official business is:

    (i) a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State;

    (ii) a member of the armed forces or the National Guard while on duty or traveling to or from duty;

    (iii) a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State;

    (iv) a warden or correctional officer of a correctional facility in the State; or

    (v) a sheriff or a temporary or full-time deputy sheriff; or

  (2) the short-barreled shotgun or short-barreled rifle has been registered with the federal government in accordance with federal law.

(b) In a prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle.

(c) 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.

#### Section 5-204

(a) In this section, "adjacent state" means Delaware, Pennsylvania, Virginia, or West Virginia.

(b) If a resident of this State is eligible to purchase a rifle or shotgun under the laws of an adjacent state, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state.

(c) If a resident of an adjacent state is eligible to purchase a rifle or shotgun under the laws of this State, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in this State.

#### Section 5-204.1

(a) This section does not apply to:

  (1) a sale, rental, or transfer:

    (i) involving a licensee or a federally licensed gun manufacturer, dealer, or importer;

    (ii) between immediate family members;

    (iii) involving law enforcement personnel of any unit of the federal government, a member of the armed forces, a member of the National Guard, or law enforcement personnel of the State or any local agency in the State, while acting in the scope of official duty;

    (iv) of a curio or relic firearm between collectors who each have in their possession a valid collector of curios and relics license, as the terms are defined in federal law or determinations published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives;

    (v) of an unserviceable rifle or shotgun sold, rented, or transferred as a curio or museum piece;

    (vi) of a rifle or shotgun modified to render it permanently inoperative; or

    (vii) in which the purchaser, lessee, or transferee:

      (1) has a demonstrable religious belief against taking a portrait photograph; and

      (2) does not possess a license or an identification card of any kind with photographic identification; or

  (2) a transfer that occurs by operation of law on the death of a person for whom the transferee is an executor, an administrator, a trustee, or a personal representative of an estate or a trust created in a will.

(b) A person who is not a licensee may not complete a sale, rental, or transfer of a rifle or shotgun other than a regulated firearm, as a purchaser, lessee, or transferee or seller, lessor, or transferor, unless the person is in compliance with this section.

(c)

  (1) Before a sale, rental, or transfer is conducted, the seller, lessor, or transferor and purchaser, lessee, or transferee shall both request that a licensee facilitate the sale, rental, or transfer.

  (2)

    (i) A licensee who agrees to facilitate a sale, rental, or transfer under this section shall process the sale, rental, or transfer as though transferring the rifle or shotgun from the licensee's own inventory to the purchaser, lessee, or transferee.

    (ii) The licensee shall conduct a background check on the purchaser, lessee, or transferee through the NICS Index and comply with all federal and State law that would apply to the sale, rental, or transfer, including all inventory and record-keeping requirements.

  (3) The seller, lessor, or transferor may:

    (i) deliver the rifle or shotgun to a licensee; or

    (ii) without appearing in person before the licensee, allow another person, to whom the transferor is authorized to transfer the rifle or shotgun, to deliver the rifle or shotgun to the licensee.

(d)

  (1) The licensee or the seller, lessor, or transferor may not complete the sale, rental, or transfer to the purchaser, lessee, or transferee if the results of the background check indicate that the purchaser, lessee, or transferee may not possess the rifle or shotgun.

  (2) Unless the seller, lessor, or transferor delivered the rifle or shotgun in accordance with subsection (c)(3)(ii) of this section or otherwise left the rifle or shotgun in the exclusive possession of the licensee, if the results of the background check indicate that the purchaser, lessee, or transferee may not possess the rifle or shotgun, the seller, lessor, or transferor may remove the rifle or shotgun from the premises of the licensee or a gun show.

(e) A licensee may charge a reasonable fee for facilitating a sale, rental, or transfer under this section.

(f)

  (1) Except as provided in paragraph (2) of this subsection, 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 $10,000 or both.

  (2) A person who provides false information while conducting a transaction under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(g) A licensee who processes a sale, rental, or transfer under this section may not be held civilly liable for personal injury or property damage resulting from the malfunctioning of a rifle or shotgun if the licensee did not modify or alter the rifle or shotgun.

#### Section 5-205

(a) This subtitle does not apply to a rifle or shotgun that is an antique firearm as defined in Sec. 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 Sec. 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 Sec. 5-101 of this title;

  (5) is addicted to a controlled dangerous substance or is a habitual user as defined in Sec. 5-101 of this title;

  (6) suffers from a mental disorder as defined in Sec. 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 Sec. 3-106 of the Criminal Procedure Article;

  (8) has been found not criminally responsible under Sec. 3-110 of the Criminal Procedure Article;

  (9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in Sec. 10-101 of the Health - General Article;

  (10) has been involuntarily committed to a facility as defined in Sec. 10-101 of the Health - General Article;

  (11) is under the protection of a guardian appointed by a court under Sec. 13-201(c) or Sec. 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 Sec. 4-506 of the Family Law Article; or

    (ii) an order for protection, as defined in Sec. 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 Sec. 5-133.3 of this title.

#### Section 5-206

(a) A person may not possess a rifle or shotgun if the person was previously convicted of:

  (1) a crime of violence as defined in Sec. 5-101 of this title;

  (2) a violation of Sec. 5-602, Sec. 5-603, Sec. 5-604, Sec. 5-605, Sec. 5-612, Sec. 5-613, or Sec. 5-614 of the Criminal Law Article; or

  (3) an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (1) or (2) of this subsection if committed in this State.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.

(c) Each violation of this section is a separate crime.

#### Section 5-207

(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the transfer by a private party of a rifle or shotgun, and the State preempts the right of any local jurisdiction to regulate the transfer of a rifle or shotgun.

(b) In this section, "loan" includes a temporary gratuitous exchange of a rifle or shotgun.

(c) A licensee or any other person may not sell, rent, transfer, or loan a rifle or shotgun to a purchaser, lessee, transferee, or recipient who the licensee or other person knows or has reasonable cause to believe:

  (1) has been convicted of a disqualifying crime, as defined in Sec. 5-101 of this title;

  (2) has been convicted of a violation classified as a common law crime 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 Sec. 5-101 of this title;

  (5) is addicted to a controlled dangerous substance or is a habitual user as defined in Sec. 5-101 of this title;

  (6) suffers from a mental disorder as defined in Sec. 10-101(i)(2) of the Health - General Article, and has a history of violent behavior against the purchaser, lessee, transferee, recipient, or another, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

  (7) has been found incompetent to stand trial under Sec. 3-106 of the Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

  (8) has been found not criminally responsible under Sec. 3-110 of the Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

  (9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in Sec. 10-101 of the Health - General Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

  (10) has been involuntarily committed for more than 30 consecutive days to a facility as defined in Sec. 10-101 of the Health - General Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

  (11) is under the protection of a guardian appointed by a court under Sec. 13-201(c) or Sec. 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, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

  (12) is a respondent against whom:

    (i) a current non ex parte civil protective order has been entered under Sec. 4-506 of the Family Law Article; or

    (ii) an order for protection, as defined in Sec. 4-508.1 of the Family Law Article, has been issued by a court of another state or Native American tribe and is in effect;

  (13) 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;

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

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

  (16) intends to use the rifle or shotgun to:

    (i) commit a crime; or

    (ii) cause harm to the purchaser, lessee, transferee, or recipient or another person.

(d) 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 $10,000 or both.

### Subtitle 3. Handgun Permits

#### Section 5-301

(a) In this subtitle the following words have the meanings indicated.

(b) "Handgun" has the meaning stated in Sec. 4-201 of the Criminal Law Article.

(c) "Permit" means a permit issued by the Secretary to carry, wear, or transport a handgun.

(d) "Qualified handgun instructor" has the meaning stated in Sec. 5-101 of this title.

(e) "Secretary" means the Secretary of State Police or the Secretary's designee.

#### Section 5-303

A person shall have a permit issued under this subtitle before the person carries, wears, or transports a handgun.

#### Section 5-304

(a) An application for a permit shall be made under oath.

(b)

  (1) Subject to subsections (c) and (d) of this section, the Secretary may charge a nonrefundable fee payable when an application is filed for a permit.

  (2) The fee may not exceed:

    (i) $125 for an initial application;

    (ii) $75 for a renewal or subsequent application; and

    (iii) $20 for a duplicate or modified permit.

  (3) The fees under this subsection are in addition to the fees authorized under Sec. 5-305 of this subtitle.

(c) The Secretary may reduce the fee under subsection (b) of this section accordingly for a permit that is granted for one day only and at one place only.

(d) The Secretary may not charge a fee under subsection (b) of this section to:

  (1) a State, county, or municipal public safety employee who is required to carry, wear, or transport a handgun as a condition of governmental employment; or

  (2) a retired law enforcement officer of the State or a county or municipal corporation of the State.

(e) The applicant shall pay a fee under this section by an electronic check, a credit card, or a method of online payment approved by the Secretary.

#### Section 5-305

(a) In this section, "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) Except as provided in subsection (g) of this section, the Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a permit.

(c) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:

  (1) two complete sets of the applicant's legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

  (2) the fee authorized under Sec. 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

  (3) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(d) In accordance with Sec.Sec. 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant's criminal history record information.

(e) Information obtained from the Central Repository under this section:

  (1) is confidential and may not be disseminated; and

  (2) shall be used only for the licensing purpose authorized by this section.

(f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in Sec. 10-223 of the Criminal Procedure Article.

(g) For an employee of an armored car company who is an applicant for a permit, the Secretary may accept a criminal background investigation performed on behalf of the armored car company in place of the criminal history records check required by this section if:

  (1) the criminal background investigation meets the minimum requirements established by the Department of State Police; and

  (2) the Secretary performs a cursory check to verify the facts listed in the criminal background investigation.

#### Section 5-306

(a) Subject to subsections (c) and (d) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:

  (1)

    (i) is at least 21 years old; or

    (ii) is a person who is a member of the uniformed services or the National Guard;

  (2)

    (i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or

    (ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. Sec. 925(c);

  (3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;

  (4) is not on supervised probation for:

    (i) conviction of a crime punishable by imprisonment for 1 year or more;

    (ii) a violation of Sec. 21-902(b) or (c) of the Transportation Article; or

    (iii) violating a protective order under Sec. 4-509 of the Family Law Article;

  (5) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction;

  (6) does not suffer from a mental disorder as defined in Sec. 10-101(i)(2) of the Health - General Article and have a history of violent behavior against the person or another;

  (7) has not been involuntarily admitted for more than 30 consecutive days to a facility as defined in Sec. 10-101 of the Health - General Article;

  (8) is not a respondent against whom:

    (i) a current non ex parte civil protective order has been entered under Sec. 4-506 of the Family Law Article;

    (ii) a current extreme risk protective order has been entered under Sec. 5-601 of this title; or

    (iii) any other type of current court order has been entered prohibiting the person from purchasing or possessing firearms;

  (9) except as provided in subsection (b) of this section, has successfully completed prior to application and each renewal, a firearms training course approved by the Secretary that meets the minimum criteria specified in subsection (a-1) of this section; and

  (10) based on an investigation:

    (i) has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and

    (ii) is not otherwise prohibited by State or federal law from purchasing or possessing a handgun.

(a-1) The firearms training course required under subsection (a) of this section shall include:

  (1)

    (i) for an initial application, a minimum of 16 hours of in-person instruction by a qualified handgun instructor; or

    (ii) for a renewal application, 8 hours of in-person instruction by a qualified handgun instructor;

  (2) classroom instruction on:

    (i) State and federal firearm laws, including laws relating to:

      (1) self-defense;

      (2) defense of others;

      (3) defense of property;

      (4) the safe storage of firearms;

      (5) the circumstances under which an individual becomes prohibited from possessing a firearm under State and federal law, including becoming a respondent against whom:

      (A) a current non ex parte civil protective order has been entered under Sec. 4-506 of the Family Law Article;

      (B) an order for protection, as defined in Sec. 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

      (C) a current extreme risk protective order has been entered under Subtitle 6 of this title;

      (6) the requirements and options for surrendering, transferring, or otherwise disposing of a firearm after becoming prohibited from possessing a firearm under State or federal law;

      (7) the requirements for reporting a loss or theft of a firearm to a law enforcement agency as required by Sec. 5-146 of this title;

      (8) the firearms and firearm accessories which are banned under State and federal law;

      (9) the types of firearms that require a special permit or registration to acquire or possess under State or federal law;

      (10) the law prohibiting straw purchases;

      (11) the law concerning armed trespass under Sec. 6-411 of the Criminal Law Article; and

      (12) the locations where a person is prohibited from possessing a firearm regardless of whether the person possesses a permit issued under this subtitle;

    (ii) home firearm safety;

    (iii) handgun mechanisms and operations;

    (iv) conflict de-escalation and resolution;

    (v) anger management; and

    (vi) suicide prevention; and

  (3) a firearm qualification component that includes live-fire shooting exercise on a firing range and requires the applicant to demonstrate:

    (i) safe handling of a handgun; and

    (ii) shooting proficiency with a handgun.

(a-2) The Secretary, in consultation with the Office of the Attorney General and the Department of Health, shall develop, publish, update, and distribute to all State-certified firearms instructors a curriculum of instruction for the topics required for classroom instruction in subsection (a-1) of this section.

(b) An applicant for a permit is not required to complete a certified firearms training course under subsection (a) of this section if the applicant:

  (1) is a law enforcement officer or a person who is retired in good standing from service with a law enforcement agency of the United States, the State, or any local law enforcement agency in the State;

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

  (3) is a qualified handgun instructor; or

  (4) has completed a firearms training course approved by the Secretary.

(c) An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been:

  (1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or

  (2) adjudicated delinquent by a juvenile court for:

    (i) an act that would be a crime of violence if committed by an adult;

    (ii) an act that would be a felony in this State if committed by an adult; or

    (iii) an act that would be a misdemeanor in this State that carries a statutory penalty of more than 2 years if committed by an adult.

(d)

  (1) The Secretary may not issue a permit to a person if the person:

    (i) has been convicted on or after October 1, 2023, of a second or subsequent violation of Sec. 4-104 of the Criminal Law Article; or

    (ii) has been convicted on or after October 1, 2023, of a violation of Sec. 4-104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another person.

  (2) Subject to paragraph (1) of this subsection, the Secretary may not issue a permit to a person who has been convicted on or after October 1, 2023, of a violation of Sec. 4-104 of the Criminal Law Article for 5 years following the date of the conviction.

(e) The Secretary may issue a handgun qualification license, without an additional application or fee, to a person who:

  (1) meets the requirements for issuance of a permit under this section; and

  (2) does not have a handgun qualification license issued under Sec. 5-117.1 of this title.

#### Section 5-307

(a) A permit is valid for each handgun legally in the possession of the person to whom the permit is issued.

(b)

  (1) Subject to subsection (c) of this section, a permit issued under this subtitle shall restrict the wearing, carrying, and transporting of a handgun by the person to whom the permit is issued to wearing, carrying, or transporting a handgun concealed from view:

    (i) under or within an article of the person's clothing; or

    (ii) within an enclosed case.

  (2) The requirement in paragraph (1) of this subsection to keep a handgun concealed is not violated by:

    (i) the momentary and inadvertent exposure of a handgun; or

    (ii) the momentary and inadvertent exposure of the imprint or outline of a handgun.

(c) A person is not subject to the requirement in subsection (b) of this section to keep a handgun concealed if the person is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

  (1) a person exempted under Sec. 4-203(b)(1) of the Criminal Law Article;

  (2) a security guard licensed under Title 19 of the Business Occupations Article acting within the scope of employment;

  (3) a correctional officer or warden of a correctional facility in the State acting within the scope of employment;

  (4) a railroad police officer appointed under Title 3, Subtitle 4 of this article acting within the scope of employment; or

  (5) an employee of an armored car company acting within the scope of employment.

#### Section 5-308

A person to whom a permit is issued or renewed shall carry the permit in the person's possession whenever the person carries, wears, or transports a handgun.

#### Section 5-309

(a) Except as provided in subsections (d) and (e) of this section, a permit expires on the last day of the holder's birth month following 2 years after the date the permit is issued.

(b) Except as provided in subsection (e) of this section and subject to subsection (c) of this section, a permit may be renewed for successive periods of 3 years each if, at the time of an application for renewal, the applicant possesses the qualifications for the issuance of a permit and pays the renewal fee stated in this subtitle.

(c) A person who applies for a renewal of a permit is not required to be fingerprinted unless the Secretary requires a set of the person's fingerprints to resolve a question of the person's identity.

(d) The Secretary may establish an alternative expiration date for a permit to coincide with the expiration of a license, certification, or commission for:

  (1) a private detective under Title 13 of the Business Occupations and Professions Article;

  (2) a security guard under Title 19 of the Business Occupations and Professions Article; or

  (3) a special police officer under Sec. 3-306 of this article.

(e) A permit issued to a retired law enforcement officer who retired in good standing from service with a law enforcement agency of the State or a county or municipal corporation of the State:

  (1) expires on the last day of the holder's birth month following 5 years after the date the permit is issued; and

  (2) subject to subsection (c) of this section, may be renewed for successive periods of 5 years each if, at the time of an application for renewal, the applicant possesses the qualifications for the issuance of a permit.

#### Section 5-310

(a) The Secretary shall:

  (1) revoke a permit on a finding that the holder does not meet the qualifications described in Sec. 5-306 of this subtitle; and

  (2) regularly review information regarding active permit holders using the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services to determine whether all permit holders continue to meet the qualifications described in Sec. 5-306 of this subtitle.

(b) The Secretary may revoke a permit on a finding that the holder violated Sec. 5-308 of this subtitle.

(c) If the Secretary revokes a permit under this section from a person the Secretary determines is prohibited from possessing a regulated firearm under Sec. 5-133 of this title, the Secretary shall take reasonable steps to ensure the surrender of any regulated firearms in the person's possession.

(d) A holder of a permit that is revoked by the Secretary shall return the permit to the Secretary within 10 days after receipt of written notice of the revocation.

#### Section 5-311

(a) If the Secretary denies a permit or renewal of a permit or revokes or limits a permit, the Secretary shall provide written notice of that initial action to the applicant, including a detailed explanation of the reason or reasons for the initial action.

(b) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receipt of the written notice of the Secretary's initial action under subsection (a) of this section.

(c) An informal review:

  (1) may include a personal interview of the person who requested the informal review; and

  (2) is not subject to Title 10, Subtitle 2 of the State Government Article.

(d)

  (1) In an informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the person who requested the informal review of the decision in writing within 30 days after receipt of the request for informal review.

  (2) The written notice of the results of the Secretary's informal review under paragraph (1) of this subsection shall include a detailed explanation of the reason or reasons for the Secretary's decision to sustain, reverse, or modify the initial action.

(e) A person need not file a request for an informal review under this section before requesting review under Sec. 5-312 of this subtitle.

#### Section 5-312

(a)

  (1) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request to appeal the decision of the Secretary to the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings within 10 days after receipt of written notice of the Secretary's action.

  (2) A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings.

(b)

  (1) Within 60 days after the receipt of a request under subsection (a) of this section from the applicant or the holder of the permit, the Office of Administrative Hearings shall schedule and conduct a de novo hearing on the matter, at which witness testimony and other evidence may be provided.

  (2) Within 90 days after the conclusion of the last hearing on the matter, the Office of Administrative Hearings shall issue a written finding of facts and a decision.

  (3) A party that is aggrieved by the decision of the Office of Administrative Hearings may appeal the decision to the circuit court.

(c)

  (1) Subject to subsection (b) of this section, any hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

  (2) Notwithstanding paragraph (1) of this subsection, a court may not order the issuance or renewal of a permit or alter a limitation on a permit pending a final determination of the proceeding.

(d)

  (1) On or before January 1 each year, the Office of Administrative Hearings shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly the following information disaggregated by an applicant's county of residence, race, ethnicity, age, and gender:

    (i) the number of appeals of decisions by the Secretary that have been filed with the Office of Administrative Hearings within the previous year;

    (ii) the number of decisions by the Secretary that have been sustained, modified, or reversed by the Office of Administrative Hearings within the previous year;

    (iii) the number of appeals that are pending; and

    (iv) the number of appeals that have been withdrawn within the previous year.

  (2) On or before January 1 each year, the Secretary shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly the following information disaggregated by an applicant's county of residence, race, ethnicity, age, and gender:

    (i) the total number of permit applications that were submitted to the Secretary within the previous year;

    (ii) the total number of permit applications that were granted by the Secretary within the previous year;

    (iii) the total number of permit applications that were denied by the Secretary within the previous year;

    (iv) the total number of permit applications that were revoked within the previous year; and

    (v) the total number of permit applications filed with the Secretary that are pending at the time of the issuance of the report.

#### Section 5-313

(a) A person may not fail to return a revoked permit.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine of not less than $100 or exceeding $1,000 or both.

#### Section 5-314

(a) A person who holds a permit may not wear, carry, or transport a handgun while the person is under the influence of alcohol or drugs.

(b) A person who violates this section 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.

### Subtitle 4. Handgun Roster

#### Section 5-401

(a) In this subtitle the following words have the meanings indicated.

(b) "Board" means the Handgun Roster Board.

(c)

  (1) "Handgun" means a pistol, a revolver, or any other firearm capable of being concealed on the person.

  (2) "Handgun" does not include a shotgun, a rifle, a short-barreled rifle, a short-barreled shotgun, or an antique firearm.

(d) "Handgun roster" means the roster of authorized handguns compiled by the Board under Sec. 5-405 of this subtitle.

(e) "Secretary" means the Secretary of State Police or the Secretary's designee.

#### Section 5-402

(a) This subtitle does not affect a person's right to:

  (1) manufacture, sell, or offer to sell a rifle or other weapon that is not defined as a handgun in Sec. 4-201 of the Criminal Law Article;

  (2) manufacture a prototype handgun model required for design, development, testing, and approval by the Board; and

  (3) manufacture in this State a handgun that is not on the handgun roster by a federally licensed gun manufacturer who is also licensed as a regulated firearms dealer in this State for direct sale to a unit of:

    (i) the federal government;

    (ii) a state other than this State;

    (iii) a local government in a state other than this State; or

    (iv) a law enforcement agency in a state other than this State.

(b)

  (1) A person is not strictly liable for damages for injuries to another that result from the criminal use of a firearm by a third person.

  (2) Paragraph (1) of this subsection does not apply if the person conspired with the third person to commit the criminal act in which the firearm was used or willfully aided, abetted, or caused the commission of the criminal act in which the firearm was used.

  (3) This subtitle does not otherwise negate, limit, or modify the doctrine of negligence or strict liability that relates to abnormally dangerous products or activities and defective products.

#### Section 5-403

The Secretary shall adopt regulations necessary to carry out this subtitle.

#### Section 5-404

(a) There is a Handgun Roster Board in the Department of State Police.

(b)

  (1) The Board consists of 11 members.

  (2) Of the 11 members of the Board:

    (i) one shall be the Secretary as an ex officio member;

    (ii) ten shall be appointed by the Governor with the advice and consent of the Senate; and

    (iii) all shall be Maryland residents.

  (3) Of the ten appointed members of the Board:

    (i) one shall be a representative of the Association of Chiefs of Police;

    (ii) one shall be a representative of the Maryland State's Attorneys' Association;

    (iii) one shall be a handgun dealer, gunsmith, or representative of a handgun manufacturer;

    (iv) one shall be a resident of the State who is a representative of the National Rifle Association or its affiliated State association;

    (v) one shall be a representative of an organization that advocates against handgun violence; and

    (vi) five shall be public members, two of whom shall be mechanical or electrical engineers.

(c) The term of an appointed member is 4 years.

(d) The Secretary shall serve as chairman.

(e) The Board shall meet at the request of the chairman or of a majority of the members.

#### Section 5-405

(a) The Board shall:

  (1) compile and maintain a handgun roster of authorized handguns that are useful for legitimate sporting, self-protection, or law enforcement purposes;

  (2) annually publish the handgun roster in the Maryland Register; and

  (3) semiannually send a copy of the handgun roster to all persons who hold a State regulated firearm dealer's license under Subtitle 1 of this title.

(b) The Board shall consider carefully each of the following characteristics of a handgun without placing undue weight on any one characteristic in determining whether any handgun should be placed on the handgun roster:

  (1) concealability;

  (2) ballistic accuracy;

  (3) weight;

  (4) quality of materials;

  (5) quality of manufacture;

  (6) reliability as to safety;

  (7) caliber;

  (8) detectability by the standard security equipment that is commonly used at an airport or courthouse and that is approved by the Federal Aviation Administration for use at airports in the United States; and

  (9) utility for legitimate sporting activities, self-protection, or law enforcement.

(c)

  (1) The Board may place a handgun on the handgun roster on its own initiative.

  (2) The Board shall place a handgun on the handgun roster on the successful petition of any person subject to subsections (d) and (e) of this section, unless a court, after all appeals are exhausted, has made a finding that the decision of the Board shall be affirmed.

  (3) A petition to place a handgun on the handgun roster shall be submitted to the Board in writing in the form and manner that the Board requires.

  (4) A person who petitions for placement of a handgun on the handgun roster has the burden of proving to the Board that the handgun should be placed on the handgun roster.

(d)

  (1) Within 45 days after receipt of a petition to place a handgun on the handgun roster, the Board shall:

    (i) deny the petition in writing, stating the reasons for denial; or

    (ii) approve the petition and publish a description of the handgun in the Maryland Register, including notice that any objection to the handgun's inclusion on the handgun roster shall be filed with the Board within 30 days.

  (2) If the Board fails to deny or approve a petition within the time required under paragraph (1) of this subsection, the petition shall be considered denied.

(e)

  (1) If the Board denies a petition to place a handgun on the handgun roster, the Board shall notify the petitioner by certified mail, return receipt requested.

  (2) The petitioner may request a hearing within 15 days after the date that the Board's denial letter is received.

  (3)

    (i) If the petitioner requests a hearing under paragraph (2) of this subsection, within a reasonable time not to exceed 90 days after receiving the request, the Board shall:

      (1) hold a hearing on the petition; and

      (2) issue a written final decision on the petition.

    (ii) The Board shall provide notice of the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

    (iii) At a hearing held under this paragraph, the petitioner has the burden of proving to the Board that the handgun should be placed on the handgun roster because the handgun is useful for legitimate sporting activities, self-protection, or law enforcement purposes.

  (4) Any party of record who is aggrieved may appeal within 30 days after a final decision of the Board in accordance with Title 10, Subtitle 2 of the State Government Article.

(f) This section does not require the Board to test any handgun or have any handgun tested at the expense of the Board.

#### Section 5-406

(a)

  (1) Except as provided in Sec. 5-402 of this subtitle, a person may not manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.

  (2) A person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster.

  (3) A person may not manufacture, sell, or offer for sale a handgun on which the manufacturer's identification mark or number is obliterated, removed, changed, or otherwise altered.

(b) The Secretary may seek an order from a circuit court to permanently or temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in violation of this section, of a handgun that is not included on the handgun roster.

(c)

  (1) A person who manufactures a handgun for distribution or sale in violation of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both for each violation.

  (2) A person who sells or offers to sell a handgun in violation of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $2,500 or both for each violation.

  (3) For purposes of this subsection, each handgun manufactured, sold, or offered for sale in violation of this section is a separate violation.

### Subtitle 5. Cease Fire Council

#### Section 5-501

In this subtitle, "Council" means the Cease Fire Council.

#### Section 5-502

(a) There is a Cease Fire Council in the Governor's Office of Crime Prevention and Policy.

(b)

  (1) The Council consists of 11 members.

  (2) Of the 11 members of the Council:

    (i) one shall be the Secretary of Juvenile Services or a designee;

    (ii) one shall be the Secretary of State Police or a designee;

    (iii) one shall be the Secretary of Public Safety and Correctional Services or a designee;

    (iv) one shall be the Executive Director of the Governor's Office of Crime Prevention and Policy or a designee;

    (v) two shall be State's Attorneys who are recommended by the President of the Maryland State's Attorneys' Association, appointed by the Governor;

    (vi) one shall be a sheriff, appointed by the Governor;

    (vii) one shall represent the Maryland Chiefs of Police Association, appointed by the Governor;

    (viii) one shall represent the Maryland Municipal Police Executives Association, appointed by the Governor; and

    (ix) two shall represent the public, appointed by the Governor.

(c)

  (1) The appointed members serve at the pleasure of the Governor.

  (2) The term of an appointed member is 3 years.

  (3) The terms of the appointed members are staggered as required by the terms provided for appointed members of the Council on October 1, 2003.

  (4) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.

(d) The Secretary of State Police or the Secretary's designee is the Chairman of the Council.

(e) A member of the Council:

  (1) may not receive compensation as a member of the Council; but

  (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(f)

  (1) The Governor's Office of Crime Prevention and Policy shall provide staff support for the Council.

  (2) The Assistant Attorney General assigned to the Governor's Office of Crime Prevention and Policy is the legal advisor to the Council.

#### Section 5-503

(a) The purpose of the Council is to administer the Cease Fire Council Grant Program to support innovative and collaborative firearms violence reduction initiatives.

(b) The Council shall:

  (1) make grants in accordance with Sec. 5-504 of this subtitle;

  (2) establish or assist in the establishment of programs designed to reduce the incidence of firearms violence related crime and encourage participation in existing programs with these objectives;

  (3) identify specific goals, objectives, and methodologies to be used in support of programs eligible for funding under this subtitle;

  (4) identify priorities for firearms violence related crime prevention strategies in the State; and

  (5) develop criteria to evaluate the outcomes of programs that receive money under this subtitle.

#### Section 5-504

(a) There is a Cease Fire Council Grant Program.

(b) The Cease Fire Council Grant Program shall be funded as provided in the State budget.

(c) Grants made by the Council shall be used to carry out the purposes of this subtitle.

(d) When making grants, the Council shall consider and give priority to:

  (1) comprehensive and coordinated law enforcement and prosecution programs that target criminals and juveniles who use or illegally possess firearms;

  (2) law enforcement and prosecution salaries and overtime in support of firearm violence reduction programs;

  (3) covert firearms-related investigations and debriefing of criminal and juvenile arrestees and offenders for information related to illegal firearms trafficking;

  (4) initiatives that support the tracing of firearms used to commit crimes or delinquent acts and the identification of illegal firearms traffickers;

  (5) purchases of technology and information systems to support firearm violence reduction initiatives; and

  (6) other efforts that aid in apprehending and prosecuting criminals or apprehending and filing a complaint against juveniles who use or illegally possess firearms.

(e) Expenditures from the Cease Fire Council Grant Program may be made only in accordance with the State budget or by budget amendment.

(f) The Council shall adopt regulations for the grant process and the oversight of grants made by the Council.

### Subtitle 6. Extreme Risk Protective Orders

#### Section 5-601

(a) In this subtitle the following words have the meanings indicated.

(b) "Ammunition" has the meaning stated in Sec. 5-133.1 of this title.

(c) "Extreme risk protective order" means a civil interim, temporary, or final protective order issued in accordance with this subtitle.

(d) "Firearm" has the meaning stated in Sec. 5-101 of this title.

(e)

  (1) "Petitioner" means an individual who files a petition for an extreme risk protective order under this subtitle.

  (2) "Petitioner" includes:

    (i) a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage or family therapist, or health officer or designee of a health officer who has examined the individual;

    (ii) a law enforcement officer;

    (iii) the spouse of the respondent;

    (iv) a cohabitant of the respondent;

    (v) a person related to the respondent by blood, marriage, or adoption;

    (vi) an individual who has a child in common with the respondent;

    (vii) a current dating or intimate partner of the respondent; and

    (viii) a current or former legal guardian of the respondent.

(f) "Respondent" means a person against whom a petition for an extreme risk protective order is filed.

#### Section 5-602

(a)

  (1) A petition for an extreme risk protective order shall:

    (i) be signed and sworn to by the petitioner under the penalty of perjury;

    (ii) include any information known to the petitioner that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm;

    (iii) set forth specific facts in support of the information described in item (ii) of this paragraph;

    (iv) explain the basis for the petitioner's knowledge of the supporting facts, including a description of the behavior and statements of the respondent or any other information that led the petitioner to believe that the respondent presents an immediate and present danger of causing personal injury to the respondent or others;

    (v) describe the number, types, and location of any known firearms believed to be possessed by the respondent; and

    (vi) include any supporting documents or information regarding:

      (1) any unlawful, reckless, or negligent use, display, storage, possession, or brandishing of a firearm by the respondent;

      (2) any act or threat of violence the respondent made against the respondent or against another, whether or not the threat of violence involved a firearm;

      (3) any violation by the respondent of a protective order under Title 4, Subtitle 5 of the Family Law Article;

      (4) any violation by the respondent of a peace order under Title 3, Subtitle 15 of the Courts Article; and

      (5) any abuse of a controlled dangerous substance or alcohol by the respondent, including any conviction for a criminal offense involving a controlled dangerous substance or alcohol.

  (2) A petition for an extreme risk protective order may include, to the extent disclosure is not otherwise prohibited, health records or other health information concerning the respondent.

(b) A petitioner seeking an extreme risk protective order under this subtitle may file a petition with:

  (1) the District Court; or

  (2) when the Office of the District Court Clerk is closed, a District Court commissioner.

(c)

  (1) All court records relating to a petition for an extreme risk protective order made under this subtitle are confidential and the contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause shown.

  (2) This subsection does not prohibit review of a court record relating to a petition by:

    (i) personnel of the court;

    (ii) the respondent or counsel for the respondent;

    (iii) authorized personnel of the Maryland Department of Health;

    (iv) authorized personnel of a local core service agency or local behavioral health authority;

    (v) a law enforcement agency;

    (vi) a person authorized by a court order on good cause shown; or

    (vii) researchers affiliated with institutions of higher education that have entered into an agreement with the Maryland Judiciary providing for the confidentiality of the record in accordance with subsection (d) of this section conducting related academic or policy research.

(d)

  (1) The Maryland Judiciary shall require an institution of higher education that has researchers reviewing court records relating to extreme risk protective orders to enter into an agreement that provides for the storage and handling of the records.

  (2) The agreement shall provide that:

    (i) each record relating to an extreme risk protective order shall remain in the custody of the institution of higher education receiving the record;

    (ii) each record relating to an extreme risk protective order may be used only for the research and study for which it was assembled or obtained; and

    (iii) a person may not disclose a record relating to an extreme risk protective order to any person who is not engaged in the research or study project.

  (3) The agreement under this subsection may not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to records in the aggregate, without disclosing the identity of any person who is the subject of the record.

  (4) The Maryland Judiciary, on its own motion, may institute an injunction and any other appropriate remedy:

    (i) for a violation of the agreement under this subsection; and

    (ii) to prevent the unauthorized disclosure of a record relating to an extreme risk protective order by any person.

(e) A petitioner who, in good faith, files a petition under this subtitle is not civilly or criminally liable for filing the petition.

(f) Nothing in this subtitle may be interpreted to require a health care provider to disclose health records or other health information concerning a respondent except:

  (1) in accordance with a subpoena directing delivery of the records or information to the court under seal; or

  (2) by order of the court.

#### Section 5-603

(a)

  (1) When a petition is filed with a District Court commissioner under Sec. 5-602(b)(2) of this subtitle, the commissioner may enter an interim extreme risk protective order to prohibit the respondent from possessing a firearm if the commissioner finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

  (2) In determining whether to enter an interim extreme risk protective order under this section, the commissioner shall consider:

    (i) all relevant evidence presented by the petitioner; and

    (ii) the amount of time that has elapsed since any of the events described in the petition.

  (3) The interim extreme risk protective order shall:

    (i) order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent's possession; and

    (ii) prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim extreme risk protective order.

  (4) If, based on the petition, the commissioner finds probable cause to believe that the respondent meets the requirements for emergency evaluation under Title 10, Subtitle 6 of the Health - General Article, the commissioner shall refer the respondent to law enforcement for a determination of whether the respondent should be taken for an emergency evaluation.

(b)

  (1)

    (i) An interim extreme risk protective order shall state the date, time, and location for a temporary extreme risk protective order hearing and a tentative date, time, and location for a final extreme risk protective order hearing.

    (ii) Except as provided in subsection (e) of this section, or unless the judge continues the hearing for good cause, a temporary extreme risk protective order hearing shall be held on the first or second day on which a District Court judge is sitting after issuance of the interim extreme risk protective order.

  (2) An interim extreme risk protective order shall include in at least 10 point bold type:

    (i) notice to the respondent that:

      (1) the respondent must give the court written notice of each change of address;

      (2) if the respondent fails to appear at the temporary extreme risk protective order hearing or any later hearing, the respondent may be served with any orders or notices in the case by first-class mail at the respondent's last known address;

      (3) the date, time, and location of the final extreme risk protective order hearing is tentative only and subject to change;

      (4) if the respondent does not attend the temporary extreme risk protective order hearing, the respondent may call the Office of the District Court Clerk at the number provided in the order to find out the actual date, time, and location of any final extreme risk protective order hearing; and

      (5) if the respondent fails to appear at the final extreme risk protective order hearing, a final extreme risk protective order may be entered in the respondent's absence and served on the respondent by first-class mail;

    (ii) a statement that the respondent may consult an attorney regarding any matter related to the order, and that an attorney should be contacted promptly so that the attorney may assist the respondent;

    (iii) a statement specifying the contents and duration of a temporary extreme risk protective order;

    (iv) notice to the petitioner and respondent that, at the hearing, a judge may issue a temporary extreme risk protective order prohibiting the respondent from possessing a firearm or may deny the petition, whether or not the respondent is in court;

    (v) notice of:

      (1) the requirements for surrendering firearms and ammunition in the respondent's possession to law enforcement authorities; and

      (2) the process for reclaiming firearms and ammunition on the expiration or termination of the order;

    (vi) a warning to the respondent that violation of an interim extreme risk protective order is a crime and that a law enforcement officer will arrest the respondent, with or without a warrant, and take the respondent into custody if the officer has probable cause to believe that the respondent has violated a provision of the interim extreme risk protective order; and

    (vii) the phone number of the Office of the District Court Clerk.

(c) Whenever a commissioner issues an interim extreme risk protective order, the commissioner shall:

  (1) immediately forward a copy of the petition and interim extreme risk protective order to the appropriate law enforcement agency for service on the respondent; and

  (2) before the hearing scheduled for the temporary extreme risk protective order, transfer the case file to the clerk of court.

(d) A law enforcement officer shall:

  (1) immediately on receipt of an interim extreme risk protective order, serve it on the respondent named in the order;

  (2) make a return of service to the clerk of court; and

  (3) within 2 hours after service of the order on the respondent, electronically notify the Department of Public Safety and Correctional Services of the service using an electronic system approved and provided by the Department of Public Safety and Correctional Services.

(e)

  (1) Except as provided in paragraph (2) of this subsection, an interim extreme risk protective order shall be effective until the earlier of:

    (i) the temporary extreme risk protective order hearing under Sec. 5-604 of this subtitle; or

    (ii) the end of the second business day the Office of the District Court Clerk is open following the issuance of the interim extreme risk protective order.

  (2) If the court is closed on the day on which the interim extreme risk protective order is due to expire, the interim extreme risk protective order shall be effective until the next day on which the court is open, at which time the court shall hold a temporary extreme risk protective order hearing.

#### Section 5-604

(a)

  (1) After a hearing on a petition, whether ex parte or otherwise, a judge may enter a temporary extreme risk protective order to prohibit the respondent from possessing a firearm if the judge finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

  (2) In determining whether to enter a temporary extreme risk protective order under this section, the judge shall consider:

    (i) all relevant evidence presented by the petitioner; and

    (ii) the amount of time that has elapsed since any of the events described in the petition.

  (3) The temporary extreme risk protective order shall:

    (i) order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent's possession; and

    (ii) prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the temporary extreme risk protective order.

  (4) If the judge finds probable cause to believe that the respondent meets the requirements for emergency evaluation under Title 10, Subtitle 6 of the Health - General Article, the judge shall refer the respondent for emergency evaluation.

(b)

  (1) Except as provided in paragraph (2) of this subsection, a law enforcement officer shall:

    (i) immediately serve the temporary extreme risk protective order on the respondent under this section; and

    (ii) within 2 hours after service of the order on the respondent, electronically notify the Department of Public Safety and Correctional Services of the service using an electronic system approved and provided by the Department of Public Safety and Correctional Services.

  (2) A respondent who has been served with an interim extreme risk protective order under Sec. 5-603 of this subtitle shall be served with the temporary extreme risk protective order in open court or, if the respondent is not present at the temporary extreme risk protective order hearing, by first-class mail at the respondent's last known address.

  (3) There shall be no cost to the petitioner for service of the temporary extreme risk protective order.

(c)

  (1) Except as otherwise provided in this subsection, the temporary extreme risk protective order shall be effective for not more than 7 days after service of the order.

  (2) The judge may extend the temporary extreme risk protective order as needed, but not to exceed 6 months, to effectuate service of the order where necessary to provide protection or for other good cause.

  (3) If the court is closed on the day on which the temporary extreme risk protective order is due to expire, the temporary extreme risk protective order shall be effective until the second day on which the court is open, by which time the court shall hold a final extreme risk protective order hearing.

(d) The judge may proceed with a final extreme risk protective order hearing instead of a temporary extreme risk protective order hearing if:

  (1)

    (i) the respondent appears at the hearing;

    (ii) the respondent has been served with an interim extreme risk protective order; or

    (iii) the court otherwise has personal jurisdiction over the respondent; and

  (2) the petitioner and the respondent expressly consent to waive the temporary extreme risk protective order hearing.

#### Section 5-605

(a) A respondent under Sec. 5-604 of this subtitle shall have an opportunity to be heard on the question of whether the judge should issue a final extreme risk protective order.

(b)

  (1)

    (i) The temporary extreme risk protective order shall state the date and time of the final extreme risk protective order hearing.

    (ii) Except as provided in Sec. 5-604(c) of this subtitle and subparagraph (iii) of this paragraph, or unless continued for good cause, the final extreme risk protective order hearing shall be held not later than 7 days after the temporary extreme risk protective order is served on the respondent.

    (iii) On request of the respondent, a final extreme risk protective order hearing may be rescheduled for a date not later than 30 days after the date on which the hearing was initially scheduled.

  (2) The temporary extreme risk protective order shall include notice to the respondent:

    (i) in at least 10 point bold type, that if the respondent fails to appear at the final extreme risk protective order hearing, a final extreme risk protective order may be entered in the respondent's absence and the respondent may be served by first-class mail at the respondent's last known address with the final extreme risk protective order and all other notices concerning the final extreme risk protective order;

    (ii) of the contents of a final extreme risk protective order;

    (iii) that the final extreme risk protective order shall be effective for the period stated in the order, not to exceed 1 year, unless the judge extends the term of the order under Sec. 5-606(a)(2) of this subtitle;

    (iv) that the respondent may consult an attorney regarding any matter related to the order, and that an attorney should be contacted promptly so that the attorney may assist the respondent;

    (v) of the requirements for surrendering firearms and ammunition in the respondent's possession to law enforcement authorities;

    (vi) of the process for reclaiming firearms and ammunition on the expiration or termination of the order; and

    (vii) in at least 10 point bold type, that the respondent must notify the court in writing of any change of address.

(c)

  (1) If the respondent appears before the court at a final extreme risk protective order hearing or has been served with an interim or temporary extreme risk protective order or if the court otherwise has personal jurisdiction over the respondent, the judge:

    (i) may proceed with the final extreme risk protective order hearing; and

    (ii) may enter a final extreme risk protective order to prohibit the respondent from possessing a firearm if the judge finds by clear and convincing evidence that the respondent poses a danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

  (2) In determining whether to enter a final extreme risk protective order under this section, the judge shall consider:

    (i) all relevant evidence presented by the petitioner and respondent; and

    (ii) the amount of time that has elapsed since any of the events described in the petition.

  (3) The final extreme risk protective order shall:

    (i) order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent's possession; and

    (ii) prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim extreme risk protective order.

  (4) If the judge finds probable cause to believe that the respondent meets the requirements for emergency evaluation under Title 10, Subtitle 6 of the Health - General Article, the judge may refer the respondent for emergency evaluation.

(d)

  (1) Before granting, denying, or modifying a final extreme risk protective order under this section, the court may review all relevant open and shielded court records involving the petitioner and the respondent, including records of proceedings under:

    (i) the Criminal Law Article;

    (ii) Title 3, Subtitle 15 of the Courts Article;

    (iii) Title 4, Subtitle 5 of the Family Law Article;

    (iv) Title 10, Subtitle 6 of the Health - General Article; and

    (v) this article.

  (2) The court's failure to review records under this subsection does not affect the validity of an order issued under this section.

(e)

  (1) A copy of the final extreme risk protective order shall be served on the petitioner, the respondent, the appropriate law enforcement agency, and any other person the judge determines is appropriate in open court or, if the person is not present at the final extreme risk protective order hearing, by first-class mail to the person's last known address.

  (2)

    (i) A copy of the final extreme risk protective order served on the respondent in accordance with paragraph (1) of this subsection constitutes actual notice to the respondent of the contents of the final extreme risk protective order.

    (ii) Service is complete on mailing.

(f)

  (1) Except as provided in paragraph (2) of this subsection, all relief granted in a final extreme risk protective order shall be effective for the period stated in the order, not to exceed 1 year.

  (2) A subsequent circuit court order pertaining to any of the provisions included in the final extreme risk protective order shall supersede those provisions in the final extreme risk protective order.

#### Section 5-606

(a)

  (1) A final extreme risk protective order may be modified or rescinded during the term of the extreme risk protective order after:

    (i) giving notice to all affected persons and the respondent; and

    (ii) a hearing.

  (2) For good cause shown, a judge may extend the term of a final extreme risk protective order for 6 months beyond the period specified in Sec. 5-605(f) of this subtitle after:

    (i) giving notice to all affected persons and the respondent; and

    (ii) a hearing.

  (3)

    (i) If, during the term of a final extreme risk protective order, a petitioner files a motion to extend the term of the order under paragraph (2) of this subsection, the court shall hold a hearing on the motion within 30 days after the motion is filed.

    (ii) If the hearing on the motion is scheduled after the original expiration date of the final extreme risk protective order, the court shall extend the order and keep the terms of the order in full force and effect until the hearing on the motion.

(b)

  (1) If a District Court judge grants or denies a petition filed under this subtitle, a respondent or a petitioner may appeal to the circuit court for the county in which the District Court is located.

  (2) An appeal taken under this subsection to the circuit court shall be heard de novo in the circuit court not later than 60 days after the date the appeal is filed.

  (3)

    (i) If an appeal is filed under this subsection, the District Court judgment shall remain in effect until superseded by a judgment of the circuit court.

    (ii) Unless the circuit court orders otherwise, modification or enforcement of the District Court order shall be by the District Court.

#### Section 5-607

In accordance with the provisions of Sec. 1-203 of the Criminal Procedure Article, on application by a State's Attorney or a law enforcement officer with probable cause to believe that a respondent who is subject to an extreme risk protective order possesses a firearm and failed to surrender the firearm in accordance with the order, a court may issue a search warrant for the removal of the firearm at any location identified in the application for the warrant. 

#### Section 5-608

(a)

  (1) A law enforcement officer who takes possession of a firearm or ammunition in accordance with an extreme risk protective order shall, at the time the firearm or ammunition is surrendered or seized:

    (i) issue a receipt identifying, by make, model, and serial number, all firearms and ammunition that have been surrendered or seized;

    (ii) provide a copy of the receipt to the respondent;

    (iii) retain a copy of the receipt; and

    (iv) provide information to the respondent on the process for retaking possession of the firearms and ammunition on the expiration or termination of the order.

  (2) A law enforcement agency shall transport and store any firearm surrendered or seized in accordance with an extreme risk protective order:

    (i) in a protective case, if one is available; and

    (ii) in a manner intended to prevent damage to the firearm during the time the extreme risk protective order is in effect.

  (3) A law enforcement agency may not place any mark on a seized or surrendered firearm for identification or other purposes.

(b)

  (1) On expiration or termination of an extreme risk protective order, a law enforcement agency that holds any firearm or ammunition surrendered or seized in accordance with the expired or terminated order shall notify the respondent that the respondent may request the return of the firearm or ammunition.

  (2) A law enforcement agency shall return a firearm or ammunition to a respondent only after the law enforcement agency verifies that the respondent is not otherwise prohibited from possessing the firearm or ammunition.

  (3) Subject to paragraph (2) of this subsection, on request of the respondent, a law enforcement agency shall return all firearms and ammunition belonging to the respondent not later than:

    (i) 14 days after the expiration of an interim or temporary extreme risk protective order;

    (ii) 14 days after a court terminates a final extreme risk protective order; or

    (iii) 48 hours after the expiration of a final extreme risk protective order.

(c)

  (1) A respondent who does not wish to recover a firearm or ammunition seized or surrendered in accordance with an extreme risk protective order, or who is prohibited from possessing firearms or ammunition under this title, may:

    (i) sell or transfer title to the firearm or ammunition to:

      (1) a licensed firearms dealer; or

      (2) another person who is not prohibited from possessing the firearm or ammunition under State or federal law and who does not live in the same residence as the respondent; or

    (ii) request the destruction of the firearm or ammunition.

  (2) A law enforcement agency shall transfer possession of a firearm or ammunition to a licensed firearms dealer or a person described in paragraph (1)(i)2 of this subsection only after:

    (i) the licensed firearms dealer or other person provides written proof that the respondent has agreed to transfer the firearm or ammunition to the dealer or person; and

    (ii) the law enforcement agency verifies the agreement with the respondent.

  (3) On request of the respondent, a law enforcement agency may destroy firearms or ammunition seized or surrendered in accordance with an extreme risk protective order.

(d) If an individual other than the respondent claims ownership of a firearm or ammunition seized or surrendered in accordance with an extreme risk protective order, the law enforcement agency shall return the firearm or ammunition to the individual if:

  (1) the individual provides proof of ownership of the firearm or ammunition; and

  (2) the law enforcement agency determines that the individual is not prohibited from possessing the firearm or ammunition.

(e) If a firearm or ammunition is not reclaimed within 6 months after the provision of notice to a respondent under subsection (b) of this section:

  (1) no party shall have the right to assert ownership of the firearm or ammunition; and

  (2) the law enforcement agency holding the firearm or ammunition may destroy the firearm or ammunition.

#### Section 5-609

(a) An interim extreme risk protective order, temporary extreme risk protective order, and final extreme risk protective order issued under this subtitle shall state that a violation of the order may result in:

  (1) criminal prosecution; and

  (2) imprisonment or fine or both.

(b) A temporary extreme risk protective order and final extreme risk protective order issued under this subtitle shall state that a violation of the order may result in a finding of contempt.

#### Section 5-610

(a) A person who fails to comply with the provisions of an interim extreme risk protective order, a temporary extreme risk protective order, or a final extreme risk protective order under this subtitle is guilty of a misdemeanor and on conviction is subject to:

  (1) for a first offense, a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both; and

  (2) for a second or subsequent offense, a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.

(b) A law enforcement officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of an interim, temporary, or final extreme risk protective order in effect at the time of the violation.

### Subtitle 7. Untraceable Firearms

#### Section 5-701

(a) In this subtitle the following words have the meanings indicated.

(b) "Antique firearm" has the meaning stated in Sec. 4-201 of the Criminal Law Article.

(c) "Federally licensed firearms dealer" means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to deal in firearms.

(d) "Federally licensed firearms importer" means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to import firearms.

(e) "Federally licensed firearms manufacturer" means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to manufacture firearms.

(f) "Firearm" has the meaning stated in Sec. 5-101 of this title.

(g) "Secretary" means the Secretary of State Police or the Secretary's designee.

(h) "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.

#### Section 5-702

This subtitle does not apply to:

(1) a firearm that:

  (i) was manufactured before October 22, 1968; or

  (ii) is an antique firearm;

(2) a sale, an offer to sell, a transfer, or a delivery of a firearm or an unfinished frame or receiver to, or possession of a firearm or unfinished frame or receiver by:

  (i) a federally licensed firearms dealer;

  (ii) a federally licensed firearms manufacturer; or

  (iii) a federally licensed firearms importer; or

(3) a transfer or surrender of a firearm or an unfinished frame or receiver to a law enforcement agency.

#### Section 5-703

(a)

  (1) A person may not purchase, receive, sell, offer to sell, or transfer an unfinished frame or receiver unless it is required by federal law to be, and has been, imprinted with a serial number by a federally licensed firearms manufacturer or federally licensed firearms importer in compliance with all federal laws and regulations applicable to the manufacture and import of firearms.

  (2) Except as provided in paragraph (1) of this subsection, a person may not sell, offer to sell, or transfer a firearm unless it is imprinted with a serial number as described under subsection (b) of this section.

(b)

  (1) This subsection does not apply to:

    (i) possession of a firearm unless a person knew or reasonably should have known that the firearm was not imprinted with a serial number as described under this subsection;

    (ii) possession of a firearm that does not comply with the marking requirements described under this subsection by a person who received the firearm through inheritance, and is not otherwise prohibited from possessing the firearm, for a period not exceeding 30 days after inheriting the firearm; or

    (iii) possession of an unfinished frame or receiver by a person that made or manufactured the unfinished frame or receiver, without the use of any prefabricated parts, and who is not otherwise prohibited from possessing the unfinished frame or receiver, for a period not exceeding 30 days after the person made or manufactured the unfinished frame or receiver.

  (2) On or after March 1, 2023, a person may not possess a firearm unless:

    (i) the firearm is required by federal law to be, and has been, imprinted by a federally licensed firearms manufacturer, federally licensed firearms importer, or other federal licensee authorized to provide marking services, with a serial number in compliance with all federal laws and regulations applicable to the manufacture and import of firearms; or

    (ii) the firearm:

      (1) has been imprinted by a federally licensed firearms dealer, federal firearms manufacturer, or other federal licensee authorized to provide marking services, with:

      (A) the zip code of the current owner or person that made, completed, or initially assembled the firearm;

      (B) the initials of the current owner or person that made, completed, or initially assembled the firearm; and

      (C) a number that does not match a number used by the current owner on another firearm or by the person who made, completed, or initially assembled the firearm on any other firearm that the person has made, completed, or initially assembled; and

      (2) has been registered with the Secretary.

(c)

  (1) A person who violates subsection (a) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

  (2) A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.

  (3) Each violation of this section is a separate crime.

(d) A federally licensed firearms dealer or other federal licensee authorized to provide marking services who imprints a firearm under subsection (b)(2)(ii) of this section shall imprint the firearm in compliance with all federal laws and regulations applicable to affixing serial numbers to firearms, including:

  (1) minimum size and depth requirements; and

  (2) requirements that the numbers not be readily susceptible to being obliterated, altered, or removed.

#### Section 5-704

(a) The Secretary shall maintain a system to register firearms imprinted with serial numbers under Sec. 5-703(b)(2)(ii) of this subtitle.

(b) Registration data provided for registration is not open to public inspection.

(c) For each fiscal year, the Governor shall include in the annual State budget an appropriation of at least $150,000 to fund registration activities conducted by the Secretary under this section.

#### Section 5-705

The Secretary may adopt regulations to carry out the provisions of this subtitle.

#### Section 5-706

Nothing in this subtitle may be construed in a manner that abridges or otherwise limits a person's right against self-incrimination under the United States Constitution or the Maryland Declaration of Rights.

### Subtitle 8. The Maryland State Police Gun Center

#### Section 5-801

(a) In this subtitle the following words have the meanings indicated.

(b) "Center" means the Maryland State Police Gun Center.

(c) "Crime firearm" means a firearm that is:

  (1) used in the commission of a crime of violence, as defined in Sec. 5-101 of this title; or

  (2) recovered by a law enforcement agency in connection with illegal firearm possession, transportation, or transfer.

(d) "Department" means the Department of State Police.

(e) "Federally licensed firearms dealer" means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to deal in firearms.

(f) "Federally licensed firearms importer" means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to import firearms.

(g) "Final protective order" has the meaning stated in Sec. 4-501 of the Family Law Article.

(h) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this article.

#### Section 5-802

(a) The Center is established within the Department as a statewide firearms enforcement center for the tracking, screening, and vetting of all:

  (1) firearm crimes committed in the State; and

  (2) firearms surrendered under final protective orders in the State.

(b) This subtitle shall be liberally construed and applied to promote its underlying purposes and policies.

#### Section 5-803

(a) The Center shall create and maintain a statewide database to track information on crimes committed with crime firearms and firearms surrendered under final protective orders in the State.

(b) Each law enforcement agency shall report to the Center the following information on crimes committed in the jurisdiction of the law enforcement agency with crime firearms:

  (1) the number and type of crime firearms;

  (2) the jurisdictions where crime firearms are recovered;

  (3) the sources of the crime firearms recovered, if discoverable, including:

    (i) the federally licensed firearms importer;

    (ii) the federally licensed firearms dealer; and

    (iii) the first purchaser of the crime firearm;

  (4) information regarding the individual found in possession of the crime firearm, including:

    (i) the individual's age;

    (ii) the individual's jurisdiction of residence;

    (iii) the jurisdiction where the individual is charged; and

    (iv) whether the individual was prohibited from possessing a firearm; and

  (5) any other information requested by the Center.

(c) Each law enforcement agency shall report to the Center the following information on firearms surrendered under final protective orders issued in the jurisdiction of the law enforcement agency:

  (1) the number and type of firearms;

  (2) the jurisdictions where firearms are surrendered; and

  (3) information regarding the individual who surrendered each firearm, including:

    (i) the individual's age;

    (ii) the individual's jurisdiction of residence; and

    (iii) any other information requested by the Center.

(d) The Center may require a law enforcement agency to report any other information relating to firearm crimes committed in the jurisdiction of the law enforcement agency to assist the Center in the tracking of firearm crimes committed in the State.

(e) The Center shall designate how often law enforcement agencies are required to report the information required under this section.

#### Section 5-804

(a) The Center shall coordinate with the Department and law enforcement agencies to screen and vet all firearm crimes committed in the State by:

  (1) determining whether an individual charged with a firearm crime was prohibited from possessing a firearm; and

  (2) recommending specific firearm charges to ensure that an individual charged with a firearm crime is appropriately charged.

(b) The Center shall assist the Department and law enforcement agencies with firearm enforcement and firearm violation reduction efforts.

#### Section 5-805

Beginning in 2023, and each year thereafter, the Governor shall include in the annual State budget an appropriation sufficient to fund the operations of the Center. 

### Subtitle 9

#### Section 5-901

(a) In this subtitle the following words have the meanings indicated.

(b) "Firearm" has the meaning stated in Sec. 5-101 of this title.

(c) "Gun buyback program" means a program that is operated by a federal firearms licensee or a law enforcement agency that:

  (1) allows firearm owners to voluntarily surrender firearms;

  (2) is operated, either explicitly or impliedly, for the purpose of reducing the number of firearms in a community; and

  (3) advertises that firearms that are surrendered to the program will be destroyed or made permanently inoperable.

(d) "Secretary" has the meaning stated in Sec. 5-101 of this title.

#### Section 5-902

(a) This section does not apply to a firearm if a law enforcement agency determines that the firearm is stolen or is evidence of a crime.

(b)

  (1)

    (i) Subject to subparagraph (ii) of this paragraph, a federal firearms licensee or law enforcement agency operating a gun buyback program shall destroy each firearm, including every component and part attached to the firearm, that is surrendered to the federal firearms licensee or law enforcement agency at a gun buyback program.

    (ii) The destruction required under subparagraph (i) of this paragraph shall make the firearm and every component and part attached to the firearm permanently inoperable and unrepairable.

  (2) A federal firearms licensee or law enforcement agency may contract with a law enforcement agency or a business to satisfy the requirement under paragraph (1) of this subsection.

(c) A federal firearms licensee or law enforcement agency that violates this section is subject to a fine not exceeding $10,000 per violation.

(d) If a person violates this section and the person holds a dealer's license under Sec. 5-106 of this title:

  (1) the person shall be subject to the penalty provided in subsection (c) of this section; and

  (2) the Secretary shall revoke the person's dealer's license in accordance with Sec. 5-114 of this title.

#### Section 5-903

(a) A person may not operate a gun buyback program except in accordance with Sec. 5-902 of this subtitle.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.

#### Section 5-904

A law enforcement agency that receives a firearm as part of a gun buyback program under this subtitle shall make reasonable efforts, including a check of the National Crime Information Center database, to determine whether the firearm is a crime firearm or has been reported as lost or stolen before the firearm or its component parts may be destroyed as required under Sec. 5-902 of this subtitle.

#### Section 5-905

Nothing in this subtitle may be interpreted as an exception to any other requirement or restriction under State or federal law relating to the purchase, rental, loan, or transfer of a firearm.

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Md. Code Ann., Pub. Safety (as displayed at mgaleg.maryland.gov, October 16, 2026)