In this subtitle the following words have the meanings indicated. “Antique firearm” has the meaning stated in § 4–201 of the Criminal Law Article. “Convicted of a disqualifying crime” includes: a case in which a person received probation before judgment for a crime of violence; and a case in which a person received probation before judgment in a domestically related crime as defined in § 6–233 of the Criminal Procedure Article. “Convicted of a disqualifying crime” does not include a case in which a person received a probation before judgment: for assault in the second degree, unless the crime was a domestically related crime as defined in § 6–233 of the Criminal Procedure Article; or that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article. “Crime of violence” means: abduction; arson in the first degree; assault in the first or second degree; burglary in the first, second, or third degree; carjacking and armed carjacking; escape in the first degree; kidnapping; voluntary manslaughter; maiming as previously proscribed under former Article 27, § 386 of the Code; mayhem as previously proscribed under former Article 27, § 384 of the Code; murder in the first or second degree; rape in the first or second degree; robbery; robbery with a dangerous weapon; sexual offense in the first, second, or third degree; home invasion under § 6–202(b) of the Criminal Law Article; a felony offense under Title 3, Subtitle 11 of the Criminal Law Article; an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or 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. “Dealer” means a person who is engaged in the business of: selling, renting, or transferring firearms at wholesale or retail; or repairing firearms. “Dealer’s license” means a State regulated firearms dealer’s license. “Designated law enforcement agency” means a law enforcement agency that the Secretary designates to process applications to purchase regulated firearms for secondary sales. “Disqualifying crime” means: a crime of violence; a violation classified as a felony in the State; or a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years. “Firearm” means: a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such a weapon; or an unfinished frame or receiver, as defined in § 5–701 of this title. “Firearm” includes a starter gun. “Firearm applicant” means a person who makes a firearm application. “Firearm application” means an application to purchase, rent, or transfer a regulated firearm. “Fugitive from justice” means a person who has fled to avoid prosecution or giving testimony in a criminal proceeding. “Habitual drunkard” means a person who has been found guilty of any three crimes under § 21–902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year. “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. “Handgun” means a firearm with a barrel less than 16 inches in length. “Handgun” includes signal, starter, and blank pistols. “Handgun qualification license” means a license issued by the Secretary that authorizes a person to purchase, rent, or receive a handgun. “Licensee” means a person who holds a dealer’s license. “Qualified handgun instructor” means a certified firearms instructor who: is recognized by the Maryland Police and Correctional Training commissions; has a qualified handgun instructor license issued by the Secretary; or has a certification issued by a nationally recognized firearms organization. “Regulated firearm” means: a handgun; or a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon: American Arms Spectre da Semiautomatic carbine; AK–47 in all forms; Algimec AGM–1 type semi–auto; AR 100 type semi–auto; AR 180 type semi–auto; Argentine L.S.R. semi–auto; Australian Automatic Arms SAR type semi–auto; Auto–Ordnance Thompson M1 and 1927 semi–automatics; Barrett light .50 cal. semi–auto; Beretta AR70 type semi–auto; Bushmaster semi–auto rifle; Calico models M–100 and M–900; CIS SR 88 type semi–auto; Claridge HI TEC C–9 carbines; Colt AR–15, CAR–15, and all imitations except Colt AR–15 Sporter H–BAR rifle; Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K–1, and K–2; Dragunov Chinese made semi–auto; Famas semi–auto (.223 caliber); Feather AT–9 semi–auto; FN LAR and FN FAL assault rifle; FNC semi–auto type carbine; /Franchi LAW 12 and SPAS 12 assault shotgun; Steyr–AUG–SA semi–auto; Galil models AR and ARM semi–auto; Heckler and Koch HK–91 A3, HK–93 A2, HK–94 A2 and A3; Holmes model 88 shotgun; Avtomat Kalashnikov semiautomatic rifle in any format; Manchester Arms “Commando” MK–45, MK–9; Mandell TAC–1 semi–auto carbine; Mossberg model 500 Bullpup assault shotgun; Sterling Mark 6; carbine; Ruger mini–14 folding stock model (.223 caliber); SIG 550/551 assault rifle (.223 caliber); SKS with detachable magazine; AP–74 Commando type semi–auto; Springfield Armory BM–59, SAR–48, G3, SAR–3, M–21 sniper rifle, M1A, excluding the M1 Garand; Street sweeper assault type shotgun; Striker 12 assault shotgun in all formats; Unique F11 semi–auto type; Daewoo USAS 12 semi–auto shotgun; UZI 9mm carbine or rifle; Valmet M–76 and M–78 semi–auto; Weaver Arms “Nighthawk” semi–auto carbine; or Wilkinson Arms 9mm semi–auto “Terry”. “Rent” means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm. “Secondary sale” means a sale of a regulated firearm in which neither party to the sale: is a licensee; is licensed by the federal government as a firearms dealer; 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 repairs firearms as a regular course of trade or business. “Secretary” means the Secretary of State Police or the Secretary’s designee. “Straw purchase” means a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to: complete the application to purchase a regulated firearm; take initial possession of the regulated firearm; and subsequently transfer the regulated firearm to the person.

This subtitle does not apply to: the transfer or possession of a regulated firearm or detachable magazine: for testing or experimentation authorized by the Secretary; and by a federally licensed gun manufacturer, dealer, or importer; the sale, transfer, or possession of an antique firearm; an unserviceable firearm sold, transferred, or possessed as a curio or museum piece; 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; a regulated firearm modified to render it permanently inoperative; purchases, sales, and transportation to or by a federally licensed gun manufacturer, dealer, or importer; an organization that is required or authorized by federal law governing its specific business or activity to maintain firearms; 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 a signal pistol or other visual distress signal that the United States Coast Guard approves as a marine safety device.

This subtitle does not affect: a sale or transfer for bona fide resale of a regulated firearm in the ordinary course of business of a licensee; or 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: an official police force or other law enforcement agency; the armed forces, including all official reserve organizations; or the Maryland National Guard.

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.

The Secretary shall adopt regulations to carry out this subtitle.

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. One dealer’s license is required for each place of business where regulated firearms are sold.

An applicant for a dealer’s license shall: submit to the Secretary an application on the form that the Secretary provides; and pay to the Secretary an application fee of $50, payable to the Comptroller. A refund or proration of the application fee is prohibited. An application for a dealer’s license shall contain: the applicant’s name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, and signature; a clear and recognizable photograph of the applicant, unless the photograph has been submitted with a prior year’s application; a set of the applicant’s fingerprints, unless the fingerprints have been submitted with a prior year’s application; and a statement by the applicant that the applicant: is a citizen of the United States; is at least 21 years old; has never been convicted of a disqualifying crime; has never been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years; is not a fugitive from justice; is not a habitual drunkard; is not addicted to a controlled dangerous substance or is not a habitual user; and 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. 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.”. If an applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the application.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. 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. As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository: 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; the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. In accordance with §§ 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. Information obtained from the Central Repository under this section: is confidential and may not be disseminated; and shall be used only for the licensing purpose authorized by this section. 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 § 10-223 of the Criminal Procedure Article.

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.

The Secretary shall disapprove an application for a dealer’s license if: the Secretary determines that the applicant supplied false information or made a false statement; the Secretary determines that the application is not properly completed; 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 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: will participate in the management or operation of the business for which the license is sought; or holds a legal or equitable interest in the business for which the license is sought. If the Secretary disapproves an application for a dealer’s license, the Secretary shall notify the applicant in writing of: the disapproval of the application; and the reason the application was denied. 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. 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. The appeal must be filed not later than 30 days after the Secretary mails notification of disapproval to the applicant. 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: the applicant supplied false information or made a false statement; or the application was not properly completed. The Secretary or the applicant may appeal the decision of the circuit court to the Court of Special Appeals.

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. Before a dealer’s license expires, the licensee periodically may renew it for an additional 1-year term, if the licensee: is otherwise entitled to be licensed; pays to the Secretary a renewal fee of $25, payable to the Comptroller; and submits to the Secretary a renewal application on the form that the Secretary provides. A refund or proration of the renewal fee is prohibited.

A dealer’s license is not transferable. Before moving a place of business, a licensee shall inform the Secretary and surrender the dealer’s license. 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.

A licensee shall display conspicuously the dealer’s license and any other license required by law at the licensee’s place of business. The dealer’s license shall identify the licensee and the location of the licensee’s place of business.

The Secretary shall suspend a dealer’s license if the licensee: is under indictment for a crime of violence; is arrested for a violation of this subtitle that prohibits the purchase or possession of a regulated firearm; is charged with a crime under Subtitle 7 of this title; or is found in violation of a second offense under § 5–145.1 of this subtitle. The Secretary may suspend a dealer’s license if the licensee is not in compliance with the record keeping and reporting requirements of § 5–145 of this subtitle. The Secretary may lift a suspension under this paragraph after the licensee provides evidence that the record keeping violation has been corrected. The Secretary shall revoke a dealer’s license if: it is discovered that false information has been supplied or false statements have been made in an application required by this subtitle; or the licensee: is convicted of a disqualifying crime; is convicted of a violation classified as a common law crime and receives a term of imprisonment of more than 2 years; is a fugitive from justice; is a habitual drunkard; is addicted to a controlled dangerous substance or is a habitual user; 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; has knowingly or willfully manufactured, offered to sell, or sold a handgun not on the handgun roster in violation of § 5–406 of this title; has knowingly or willfully participated in a straw purchase of a regulated firearm; is convicted of a crime under Subtitle 7 of this title; is found in violation of a third or subsequent offense under § 5–145.1 of this subtitle; or violates Subtitle 9 of this title. If the Secretary suspends or revokes a dealer’s license, the Secretary shall notify the licensee in writing of the suspension or revocation. 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 § 5–116 of this subtitle.

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 § 5–114(c) of this subtitle. The Secretary shall grant the hearing within 15 days after receiving the request. The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

A revocation may not take effect while an appeal is pending. Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

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

This section does not apply to: a licensed firearms manufacturer; 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; a member or retired member of the armed forces or the National Guard; or 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. 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. A person may purchase, rent, or receive a handgun only if the person: possesses a valid handgun qualification license issued to the person by the Secretary in accordance with this section; possesses valid credentials from a law enforcement agency or retirement credentials from a law enforcement agency; is an active or retired member of the armed forces or the National Guard and possesses a valid uniformed services identification card; or 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 is not otherwise prohibited from purchasing or possessing a handgun under State or federal law. Subject to subsections (f) and (g) of this section, the Secretary shall issue a handgun qualification license to a person who the Secretary finds: is at least 21 years old; is a resident of the State; 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: a minimum of 4 hours of instruction by a qualified handgun instructor; classroom instruction on: State firearm law; home firearm safety; and handgun mechanisms and operation; and a firearms orientation component that demonstrates the person’s safe operation and handling of a firearm; and based on an investigation, is not prohibited by federal or State law from purchasing or possessing a handgun. 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: has completed a certified firearms training course approved by the Secretary; has completed a course of instruction in competency and safety in the handling of firearms prescribed by the Department of Natural Resources under § 10–301.1 of the Natural Resources Article; is a qualified handgun instructor; is an honorably discharged member of the armed forces of the United States or the National Guard; is an employee of an armored car company and has a permit issued under Title 5, Subtitle 3 of this article; or lawfully owns a regulated firearm. In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. 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. As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository: 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; the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. 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. In accordance with §§ 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. Information obtained from the Central Repository under this section: is confidential and may not be disseminated; and shall be used only for the licensing purpose authorized by this section. 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. An applicant for a handgun qualification license shall submit to the Secretary: an application in the manner and format designated by the Secretary; a nonrefundable application fee to cover the costs to administer the program of up to $50; proof of satisfactory completion of: a firearms safety training course approved by the Secretary; or a course of instruction in competency and safety in the handling of firearms prescribed by the Department of Natural Resources under § 10–301.1 of the Natural Resources Article; or a valid firearms instructor certification; any other identifying information or documentation required by the Secretary; and 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. Within 30 days after receiving a properly completed application, the Secretary shall issue to the applicant: a handgun qualification license if the applicant is approved; or a written denial of the application that contains: the reason the application was denied; and a statement of the applicant’s appeal rights under subsection (l) of this section. 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. Proceedings to expunge a record under this paragraph shall be conducted in accordance with § 10–105 of the Criminal Procedure Article. 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. An individual may not be charged a fee for the expungement of a fingerprint record in accordance with this paragraph. A handgun qualification license issued under this section expires 10 years from the date of issuance. 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: possesses the qualifications for the issuance of the handgun qualification license; and submits a nonrefundable application fee to cover the costs to administer the program up to $20. An applicant renewing a handgun qualification license under this subsection is not required to: complete the firearms safety training course required in subsection (d)(3) of this section; or submit to a State and national criminal history records check as required in subsection (f) of this section. 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. 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. 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. A hearing under this section shall be granted by the Secretary within 15 days after the request. 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. A hearing under this section shall be held in the county of the legal residence of the aggrieved person. 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. 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. The Secretary may adopt regulations to carry out the provisions of this section.

A firearm applicant shall: submit to a licensee or designated law enforcement agency a firearm application on the form that the Secretary provides; and pay to the licensee or designated law enforcement agency an application fee of $10. A firearm application shall contain: 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; the date and time that the firearm applicant delivered the completed firearm application to the prospective seller or transferor; a statement by the firearm applicant under the penalty of perjury that the firearm applicant: is at least 21 years old; has never been convicted of a disqualifying crime; has never been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years; is not a fugitive from justice; is not a habitual drunkard; is not addicted to a controlled dangerous substance or is not a habitual user; does not suffer from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and have a history of violent behavior against the firearm applicant or another; has never been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article; has never been found not criminally responsible under § 3–110 of the Criminal Procedure Article; has never been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article; has never been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article; is not under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability; is not a respondent against whom: a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; and 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 unless the applicant is excluded under § 5–117.1(a) of this subtitle, the applicant’s handgun qualification license number. 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.”. If the firearm applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the firearm application.

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. The copy of the firearm application forwarded to the Secretary shall contain the name, address, and signature of the prospective seller, lessor, or transferor. The prospective seller, lessor, or transferor shall keep one copy of the firearm application for not less than 3 years. The firearm applicant is entitled to a copy of the firearm application. The licensee or designated law enforcement agency shall forward the $10 application fee with the firearm application to the Secretary.

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. 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.

The Secretary shall disapprove a firearm application if: the Secretary determines that the firearm applicant supplied false information or made a false statement; the Secretary determines that the firearm application is not properly completed; or 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. 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. 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. 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.

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. 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. 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. The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer. 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. 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. The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.

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. 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. 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. 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. 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. The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer. 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. 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. The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.

An approved firearm application is valid only for the purchase, rental, or transfer of the regulated firearm listed in the firearm application. 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 § 5-127 of this subtitle.

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 § 5-122 of this subtitle. The Secretary shall grant the hearing within 15 days after receiving the request. The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article. The hearing shall be held in the county of the legal residence of the firearm applicant.

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

Subsection (b) of this section does not apply to: a law enforcement agency; an agency authorized to perform law enforcement duties; a State or local correctional facility; a private security company licensed to do business in the State; the purchase of an antique firearm; a purchase by a licensee; 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 a person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately, if: 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; 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 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. A person may not purchase more than one regulated firearm in a 30-day period. 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 § 5-127 of this subtitle. 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.

Notwithstanding § 5-128(b) of this subtitle, a person may purchase more than one regulated firearm in a 30-day period if: the person applies for and the Secretary approves a multiple purchase; and the purchase of the regulated firearms is for a private collection or a collector series; the purchase of the regulated firearms is a bulk purchase from an estate sale; 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 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 the purchase is for other purposes similar to items (i) through (iii) of this item. The application for a multiple purchase shall: list the regulated firearms to be purchased; state the purpose of the purchase of more than one regulated firearm in a 30-day period; be witnessed by a licensee or designated law enforcement agency; and be signed under the penalty of perjury by the firearm applicant. 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. On receipt of the firearm application and the application for a multiple purchase, the Secretary shall conduct a background investigation as required in § 5-121 of this subtitle. 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.

In this section, “gun show” means any organized gathering open to the public at which any firearm is displayed. Subsections (c) through (h) of this section do not apply to a licensee. 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. An applicant for a temporary transfer permit shall: submit to the Secretary an application on the form that the Secretary provides; and pay to the Secretary a fee of $10 for each calendar year. Each additional temporary transfer permit during the same calendar year shall be issued without charge. The application for a temporary transfer permit shall contain any information that is necessary for the Secretary to conduct a computer background investigation. 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.”. 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. 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. The Secretary shall disapprove an application for a temporary transfer permit if the Secretary determines that: the applicant supplied false information or made a false statement; or the application is not properly completed. If the Secretary disapproves an application for a temporary transfer permit, the Secretary shall notify the applicant in writing of the disapproval. 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.”. The temporary transfer permit shall be placed in public view as part of any display of a regulated firearm. A person may not receive more than five temporary transfer permits during a single calendar year. 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. A sale or transfer of a regulated firearm from a table or fixed display at a gun show is governed by §§ 5-103, 5-104, 5-117 through 5-129, and 5-136 of this subtitle.

In this section the following words have the meanings indicated. “Authorized user” means the owner of a handgun or a person authorized by the owner to possess and use the handgun. “External safety lock” means an external device that is: attached to a handgun with a key or combination lock; and designed to prevent a handgun from being discharged unless the device has been deactivated. “Handgun” does not include a signal, starter, or blank pistol. “Handgun Roster Board” means the Handgun Roster Board established under § 5-404 of this title. “Integrated mechanical safety device” means a disabling or locking device that is: built into a handgun; and designed to prevent the handgun from being discharged unless the device has been deactivated. “Personalized handgun” means a handgun manufactured with incorporated design technology that: allows the handgun to be fired only by the authorized user; and prevents any of the safety characteristics of the handgun from being readily deactivated. This section does not apply to: 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: personnel of any unit of the federal government; members of the armed forces or the National Guard; 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 an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition; a firearm modified to be permanently inoperative; the sale or transfer of a handgun by a federally licensed gun dealer or manufacturer covered under item (1) of this subsection; the sale or transfer of a handgun by a federally licensed gun dealer or manufacturer to a lawful customer outside the State; or an antique firearm. 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. 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. The Handgun Roster Board annually shall: review the status of personalized handgun technology; and on or before July 1, report its findings to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly. In reviewing the status of personalized handgun technology under paragraph (1) of this subsection, the Handgun Roster Board shall consider: the number and variety of models and calibers of personalized handguns that are available for sale; each study, analysis, or other evaluation of personalized handguns conducted or commissioned by: the National Institute of Justice; a federal, State, or local law enforcement laboratory; or any other entity with an expertise in handgun technology; and any other information that the Handgun Roster Board considers relevant.

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. Subject to § 5–133.3 of this subtitle, a person may not possess a regulated firearm if the person: has been convicted of a disqualifying crime; has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years; has been convicted on or after October 1, 2023, of a second or subsequent violation of § 4–104 of the Criminal Law Article; or has been convicted on or after October 1, 2023, of a violation of § 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; subject to subsection (b–1) of this section, is on supervised probation after being convicted: of a crime punishable by imprisonment for 1 year or more; for a violation of § 21–902(b) or (c) of the Transportation Article; or for violating a protective order under § 4–509 of the Family Law Article; is a fugitive from justice; is a habitual drunkard; is addicted to a controlled dangerous substance or is a habitual user; suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and has a history of violent behavior against the person or another; has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article; has been found not criminally responsible under § 3–110 of the Criminal Procedure Article; has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article; has been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article; is under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability; except as provided in subsection (e) of this section, is a respondent against whom: a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or 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. 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. A person may not possess a regulated firearm if the person was previously convicted of: a crime of violence; a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 5–613, § 5–614, § 5–621, or § 5–622 of the Criminal Law Article; or 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. 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. The court may not suspend any part of the mandatory minimum sentence of 5 years. Except as otherwise provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence. 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: the imposition of the mandatory minimum sentence is within the discretion of the court; and 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. Each violation of this subsection is a separate crime. A person convicted under this subsection is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence. 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. Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to: the temporary transfer or possession of a regulated firearm if the person is: 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 acting with the permission of the parent or legal guardian of the transferee or person in possession; the transfer by inheritance of title, and not of possession, of a regulated firearm; a member of the armed forces or the National Guard while performing official duties; the temporary transfer or possession of a regulated firearm if the person is: participating in marksmanship training of a recognized organization; and under the supervision of a qualified instructor; a person who is required to possess a regulated firearm for employment and who holds a permit under Subtitle 3 of this title; or 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. 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: the regulated firearm is unloaded; 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 the respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station. 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: the firearm is unloaded; the person has notified a law enforcement unit, barracks, or station that the firearm is being transported in accordance with the order; and the person transports the firearm directly to a State or local law enforcement agency or a federally licensed firearms dealer. Subject to subsection (b)(3) of this section, a person who has been convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article may not possess a regulated firearm for 5 years following the date of the conviction.

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

In this section the following words have the meanings indicated. “Facility” has the meaning stated in § 10–101 of the Health – General Article. “NICS Index” means the Federal Bureau of Investigation’s National Instant Criminal Background Check System. 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: determines that a person is not criminally responsible under § 3–110 of the Criminal Procedure Article; finds that a person is incompetent to stand trial under § 3–106 of the Criminal Procedure Article; or finds under § 13–201(c) or § 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. On a finding or determination under paragraph (1) of this subsection, the following information shall be reported to the NICS Index: the name and identifying information of the person; and the date of the determination or finding. A facility shall report information required in paragraph (2) of this subsection regarding a person admitted to the facility under § 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: the person has been admitted to a facility for 30 consecutive days or more; or the person has been involuntarily committed to a facility. On admission to a facility the following information shall be reported to the NICS Index: the name and identifying information of the person admitted or committed; the date the person was admitted or committed to the facility; and the name of the facility to which the person was admitted or committed.

In this section, “Health Department” means the Maryland Department of Health. A person subject to a regulated firearms disqualification under § 5–133(b)(6), (7), (8), (9), (10), or (11) of this subtitle, a rifle or shotgun disqualification under § 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. § 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: the person is not subject to another firearms restriction under State or federal law; and the Health Department, in accordance with this section, determines that the person may possess a firearm. 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. An application for relief from a firearms disqualification shall include: a complete and accurate statement explaining the reason why the applicant is prohibited from possessing a regulated firearm under § 5–133(b)(6), (7), (8), (9), (10), or (11) of this subtitle or a rifle or shotgun under § 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. § 922(d)(4) or (g)(4) as a result of an adjudication or commitment that occurred in the State; a statement why the applicant should be relieved from the prohibition described in item (1) of this subsection; 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: 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; 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; 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 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; if the applicant is prohibited from possessing a firearm under § 5–133(b)(11) of this subtitle or § 5–205(b)(11) of this title: a copy of all pleadings, affidavits, and certificates submitted into evidence at the guardianship proceeding; and all orders issued by the court relating to the guardianship, including, if applicable, an order indicating that the guardianship is no longer in effect; 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; 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: at least two statements provided by an individual who is not related to the applicant; and contact information for each individual providing a statement; and any other information required by the Health Department. The Health Department may not approve an application under this section if a determination is made that: the applicant supplied incomplete or false information or made a false statement; the application is not properly completed; or 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. 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. 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. 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. 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. 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. 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. Judicial review of the determination on an application under this section for relief from a firearms prohibition may be sought in accordance with §§ 10–222 and 10–223 of the State Government Article. Notwithstanding the provisions of § 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. The Board of Review of the Health Department does not have jurisdiction to review a final decision of the Health Department under this section. 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. The Secretary of Health may adopt regulations establishing fees to cover the administrative costs associated with the implementation of this section. 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.

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. 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: is under the age of 21 years, unless the regulated firearm is loaned to a borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; has been convicted of a disqualifying crime; has been convicted of a conspiracy to commit a felony; has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years; is a fugitive from justice; is a habitual drunkard; is addicted to a controlled dangerous substance or is a habitual user; suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article, and has a history of violent behavior against the 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; has been confined for more than 30 consecutive days to a facility as defined in § 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; is a respondent against whom a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; 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; is visibly under the influence of alcohol or drugs; is a participant in a straw purchase; 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 § 3–207 of this article; or intends to use the regulated firearm to: commit a crime; or cause harm to the purchaser, lessee, transferee, or recipient or another person. A person is not required to complete a certified firearms safety training course under subsection (b)(14) of this section if the person: has already completed a certified firearms safety training course required under subsection (b)(14) of this section; is a law enforcement officer of the State or any local law enforcement agency in the State; is a member, retired member, or honorably discharged member of the armed forces or the National Guard; is a member of an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition; has been issued a permit to carry a handgun under Subtitle 3 of this title; or is the borrower of a firearm. A person may not sell, rent, or transfer: ammunition solely designed for a regulated firearm to a person who is under the age of 21 years; or a firearm other than a regulated firearm to a minor; ammunition for a firearm to a minor; 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 another deadly weapon to a minor. 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.

A regulated firearm that is sold, rented, transferred, possessed, received, or purchased in violation of this subtitle may be: seized by a law enforcement agency as contraband; and after a finding of guilt, disposed of in accordance with Title 13, Subtitle 2 of the Criminal Procedure Article.

This section does not apply to a person who purchases a regulated firearm as a gift if: the regulated firearm is a gift to a resident of the State; and 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 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. If the regulated firearm is a gift to the purchaser’s spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall: complete an application to purchase or transfer a regulated firearm; and forward the application to the Secretary within 5 days after receipt of the regulated firearm. The Secretary shall waive the $10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection. A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

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: have the federally licensed importer, manufacturer, or dealer ship the regulated firearm to a licensee for processing; and comply with §§ 5-103, 5-104, 5-117 through 5-129, and 5-136 of this subtitle. 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 § 5–124 of this subtitle for: 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.

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. 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. Each violation of this section is a separate crime.

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. 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.

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. 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. Each violation of this section is a separate crime.

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. 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. Each violation of this section is a separate crime.

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

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. The Secretary shall prepare and, on request of an applicant, provide an application form for registration under this section. An application for registration under this section shall contain: the make, model, manufacturer’s serial number, caliber, type, barrel length, finish, and country of origin of each regulated firearm; and 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. 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. Registration data provided under this section is not open to public inspection.

Except as otherwise provided in this subtitle, a dealer or other person may not: knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated firearm in violation of this subtitle; or knowingly violate § 5–142 of this subtitle. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. Each violation of this section is a separate crime.

A licensed dealer shall keep records of all receipts, sales, and other dispositions of firearms affected in connection with the licensed dealer’s business. The Secretary shall adopt regulations specifying: subject to paragraph (3) of this subsection, the information that the records shall contain; the time period for which the records are to be kept; and the form in which the records are to be kept. The records shall include: 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; a precise description, including make, model, caliber, and serial number of each firearm acquired, sold, or otherwise disposed of; and the date of each acquisition, sale, or other disposition. Records maintained under 18 U.S.C. § 923(g)(1)(A) may be used to satisfy the requirements of this section, if the Secretary is granted access to those records. 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. The Secretary shall determine the form and method by which the records shall be maintained. 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. 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. The information requested under this subsection shall be provided orally or in writing, as required by the Secretary. 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. 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. The Secretary: shall inspect the inventory and records of a licensed dealer at least once every 2 years; and may inspect the inventory and records at any time during the normal business hours of the licensed dealer’s business. A person who violates this section is subject to a civil penalty not exceeding $1,000 imposed by the Secretary. 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. The penalties provided in this subsection are not intended to apply to inconsequential or inadvertent errors.

A licensed dealer may not conduct business and store firearms at a location unless: the premises on which the licensed dealer operates is equipped with security features, including: equipment capable of filming and recording video footage inside and outside buildings where firearms are stored; 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: bars; security screens; commercial grade metal doors; grates; or other physical barriers approved by the Secretary; a burglary alarm system that is continually monitored; and if practicable, physical barriers designed to prevent the use of motor vehicles to breach all buildings where firearms are stored; or outside business hours, the licensed dealer locks all firearms stored on the premises in: a vault; a safe; or a room or building that meets the requirements under item (1) of this subsection. A licensed dealer shall notify the Secretary within 24 hours after the dealer first has knowledge that: 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 a security feature required under subsection (a)(1) of this section has been compromised, including: the failure of equipment to film and record video footage under subsection (a)(1)(i) of this section; the failure of a feature to prevent unauthorized entry under subsection (a)(1)(ii) of this section; the failure of a burglary alarm system to allow for monitoring under subsection (a)(1)(iii) of this section; or the failure of a physical barrier to prevent a breach, if utilized under subsection (a)(1)(iv) of this section. 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. This subsection does not apply if the equipment or alarm system became temporarily inoperable at no fault of the licensed dealer. A person who violates this section is subject to a civil penalty imposed by the Secretary: for a first violation, not exceeding $250; and for a second or subsequent violation, not exceeding $1,000. In addition to the penalty imposed under paragraph (2) of this subsection, a person who knowingly and willfully violates this section is subject to: for a second offense, suspension of the person’s dealer’s license; and for a third or subsequent offense, revocation of the person’s dealer’s license. The Secretary shall adopt rules and regulations to determine whether a licensed dealer has met the requirements of subsection (a) of this section.

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

In this section, “Department” means the Department of State Police. 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. The summary described in paragraph (1) of this subsection shall be transmitted: within 45 days after the General Assembly adjourns Sine Die in a legislative session; 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 if an act is designated as an emergency act, as soon as practicable.

On or before October 1, 2024, and each October 1 thereafter, the Maryland Judiciary shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the number of charges, convictions, and sentences for violations of § 4–203 of the Criminal Law Article and § 5–133(d) of this subtitle. The information included in the report shall be disaggregated by jurisdiction, race, and gender.