§ 5–101
Statutes in effect as of October 1, 2026.
Md. Code Ann., Pub. Safety § 5-101 (2026)
Title 5. Firearms
Subtitle 1. Regulated Firearms
§ 5–101LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Antique firearm” has the meaning stated in § 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 § 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 § 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, § 386 of the Code;
(10)
mayhem as previously proscribed under former Article 27, § 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 § 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 § 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 § 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)
(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)
(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.