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<section article="gps" article_name="Public Safety" number="5-133" title_number="5" title_name="Firearms" subtitle_number="1" subtitle_name="Regulated Firearms">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>Subject to § 5–133.3 of this subtitle, a person may not possess a regulated firearm if the person:</text>
    <level label="1">
      <text>has been convicted of a disqualifying crime;</text>
    </level>
    <level label="2">
      <text>has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;</text>
    </level>
    <level label="3">
      <level label="i">
        <text>has been convicted on or after October 1, 2023, of a second or subsequent violation of § 4–104 of the Criminal Law Article; or</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
    </level>
    <level label="4">
      <text>subject to subsection (b–1) of this section, is on supervised probation after being convicted:</text>
      <level label="i">
        <text>of a crime punishable by imprisonment for 1 year or more;</text>
      </level>
      <level label="ii">
        <text>for a violation of § 21–902(b) or (c) of the Transportation Article; or</text>
      </level>
      <level label="iii">
        <text>for violating a protective order under § 4–509 of the Family Law Article;</text>
      </level>
    </level>
    <level label="5">
      <text>is a fugitive from justice;</text>
    </level>
    <level label="6">
      <text>is a habitual drunkard;</text>
    </level>
    <level label="7">
      <text>is addicted to a controlled dangerous substance or is a habitual user;</text>
    </level>
    <level label="8">
      <text>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;</text>
    </level>
    <level label="9">
      <text>has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article;</text>
    </level>
    <level label="10">
      <text>has been found not criminally responsible under § 3–110 of the Criminal Procedure Article;</text>
    </level>
    <level label="11">
      <text>has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;</text>
    </level>
    <level label="12">
      <text>has been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article;</text>
    </level>
    <level label="13">
      <text>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;</text>
    </level>
    <level label="14">
      <text>except as provided in subsection (e) of this section, is a respondent against whom:</text>
      <level label="i">
        <text>a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or</text>
      </level>
      <level label="ii">
        <text>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</text>
      </level>
    </level>
    <level label="15">
      <text>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.</text>
    </level>
  </level>
  <level label="b–1">
    <text>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.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>A person may not possess a regulated firearm if the person was previously convicted of:</text>
      <level label="i">
        <text>a crime of violence;</text>
      </level>
      <level label="ii">
        <text>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</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>The court may not suspend any part of the mandatory minimum sentence of 5 years.</text>
      </level>
      <level label="iii">
        <text>Except as otherwise provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.</text>
      </level>
    </level>
    <level label="3">
      <text>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:</text>
      <level label="i">
        <text>the imposition of the mandatory minimum sentence is within the discretion of the court; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="4">
      <text>Each violation of this subsection is a separate crime.</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to:</text>
      <level label="i">
        <text>the temporary transfer or possession of a regulated firearm if the person is:</text>
        <level label="1">
          <text>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</text>
        </level>
        <level label="2">
          <text>acting with the permission of the parent or legal guardian of the transferee or person in possession;</text>
        </level>
      </level>
      <level label="ii">
        <text>the transfer by inheritance of title, and not of possession, of a regulated firearm;</text>
      </level>
      <level label="iii">
        <text>a member of the armed forces or the National Guard while performing official duties;</text>
      </level>
      <level label="iv">
        <text>the temporary transfer or possession of a regulated firearm if the person is:</text>
        <level label="1">
          <text>participating in marksmanship training of a recognized organization; and</text>
        </level>
        <level label="2">
          <text>under the supervision of a qualified instructor;</text>
        </level>
      </level>
      <level label="v">
        <text>a person who is required to possess a regulated firearm for employment and who holds a permit under Subtitle 3 of this title; or</text>
      </level>
      <level label="vi">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>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:</text>
    <level label="1">
      <text>the regulated firearm is unloaded;</text>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>the respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.</text>
    </level>
  </level>
  <level label="f">
    <text>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:</text>
    <level label="1">
      <text>the firearm is unloaded;</text>
    </level>
    <level label="2">
      <text>the person has notified a law enforcement unit, barracks, or station that the firearm is being transported in accordance with the order; and</text>
    </level>
    <level label="3">
      <text>the person transports the firearm directly to a State or local law enforcement agency or a federally licensed firearms dealer.</text>
    </level>
  </level>
  <level label="g">
    <text>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.</text>
  </level>
</section>
