In this subtitle the following words have the meanings indicated. “Dealer’s license” means a federal firearms license. “Immediate family member” means a spouse, a parent, a stepparent, a grandparent, a stepgrandparent, an aunt, an uncle, a sibling, a stepsibling, a child, a stepchild, a grandchild, a stepgrandchild, a niece, or a nephew, as related by blood or marriage. “Licensee” means a person who holds a dealer’s license. “NICS Index” has the meaning stated in § 5–133.2 of this title. “Rifle” has the meaning stated in § 4–201 of the Criminal Law Article. “Short–barreled rifle” has the meaning stated in § 4–201 of the Criminal Law Article. “Short–barreled shotgun” has the meaning stated in § 4–201 of the Criminal Law Article. “Shotgun” has the meaning stated in § 4–201 of the Criminal Law Article.

This subtitle does not apply to a short-barreled rifle or short-barreled shotgun that is: an antique firearm as defined in § 4-201 of the Criminal Law Article; a device designed or redesigned for use other than as a weapon; a device designed or redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or a firearm that cannot: discharge a projectile by an explosive; and be readily restored to a firing condition.

A person may not possess a short–barreled rifle or short–barreled shotgun unless: the person, while on official business is: a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State; a member of the armed forces or the National Guard while on duty or traveling to or from duty; a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State; a warden or correctional officer of a correctional facility in the State; or a sheriff or a temporary or full–time deputy sheriff; or the short–barreled shotgun or short–barreled rifle has been registered with the federal government in accordance with federal law. In a prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

In this section, “adjacent state” means Delaware, Pennsylvania, Virginia, or West Virginia. If a resident of this State is eligible to purchase a rifle or shotgun under the laws of an adjacent state, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state. If a resident of an adjacent state is eligible to purchase a rifle or shotgun under the laws of this State, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in this State.

This section does not apply to: a sale, rental, or transfer: involving a licensee or a federally licensed gun manufacturer, dealer, or importer; between immediate family members; involving law enforcement personnel of any unit of the federal government, a member of the armed forces, a member of the National Guard, or law enforcement personnel of the State or any local agency in the State, while acting in the scope of official duty; of a curio or relic firearm between collectors who each have in their possession a valid collector of curios and relics license, as the terms are defined in federal law or determinations published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; of an unserviceable rifle or shotgun sold, rented, or transferred as a curio or museum piece; of a rifle or shotgun modified to render it permanently inoperative; or in which the purchaser, lessee, or transferee: has a demonstrable religious belief against taking a portrait photograph; and does not possess a license or an identification card of any kind with photographic identification; or a transfer that occurs by operation of law on the death of a person for whom the transferee is an executor, an administrator, a trustee, or a personal representative of an estate or a trust created in a will. A person who is not a licensee may not complete a sale, rental, or transfer of a rifle or shotgun other than a regulated firearm, as a purchaser, lessee, or transferee or seller, lessor, or transferor, unless the person is in compliance with this section. Before a sale, rental, or transfer is conducted, the seller, lessor, or transferor and purchaser, lessee, or transferee shall both request that a licensee facilitate the sale, rental, or transfer. A licensee who agrees to facilitate a sale, rental, or transfer under this section shall process the sale, rental, or transfer as though transferring the rifle or shotgun from the licensee’s own inventory to the purchaser, lessee, or transferee. The licensee shall conduct a background check on the purchaser, lessee, or transferee through the NICS Index and comply with all federal and State law that would apply to the sale, rental, or transfer, including all inventory and record–keeping requirements. The seller, lessor, or transferor may: deliver the rifle or shotgun to a licensee; or without appearing in person before the licensee, allow another person, to whom the transferor is authorized to transfer the rifle or shotgun, to deliver the rifle or shotgun to the licensee. The licensee or the seller, lessor, or transferor may not complete the sale, rental, or transfer to the purchaser, lessee, or transferee if the results of the background check indicate that the purchaser, lessee, or transferee may not possess the rifle or shotgun. Unless the seller, lessor, or transferor delivered the rifle or shotgun in accordance with subsection (c)(3)(ii) of this section or otherwise left the rifle or shotgun in the exclusive possession of the licensee, if the results of the background check indicate that the purchaser, lessee, or transferee may not possess the rifle or shotgun, the seller, lessor, or transferor may remove the rifle or shotgun from the premises of the licensee or a gun show. A licensee may charge a reasonable fee for facilitating a sale, rental, or transfer under this section. Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $10,000 or both. A person who provides false information while conducting a transaction under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. A licensee who processes a sale, rental, or transfer under this section may not be held civilly liable for personal injury or property damage resulting from the malfunctioning of a rifle or shotgun if the licensee did not modify or alter the rifle or shotgun.

This subtitle does not apply to a rifle or shotgun that is an antique firearm as defined in § 4–201 of the Criminal Law Article. A person may not possess a rifle or shotgun if the person: has been convicted of a disqualifying crime as defined in § 5–101 of this title; has been convicted of a violation classified as a crime under common law and received a term of imprisonment of more than 2 years; is a fugitive from justice; is a habitual drunkard as defined in § 5–101 of this title; is addicted to a controlled dangerous substance or is a habitual user as defined in § 5–101 of this title; 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 (c) 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. This section does not apply to: a person transporting a rifle or shotgun if the person is carrying a civil protective order requiring the surrender of the rifle or shotgun and: the rifle or shotgun is unloaded; the person has notified the law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the civil protective order; and the person transports the rifle or shotgun directly to the law enforcement unit, barracks, or station; or the carrying or transporting of a rifle or shotgun by a person who is carrying a court order requiring the surrender of the rifle or shotgun, if: the rifle or shotgun is unloaded; the person has notified a law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the order; and the person transports the rifle or shotgun directly to a State or local law enforcement agency or a federally licensed firearms dealer. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both. A person who is disqualified from owning a rifle or shotgun under subsection (b)(6), (7), (8), (9), (10), or (11) of this section may seek relief from the disqualification in accordance with § 5–133.3 of this title.

A person may not possess a rifle or shotgun if the person was previously convicted of: a crime of violence as defined in § 5–101 of this title; a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 5–613, or § 5–614 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 (1) or (2) of this subsection if committed in this State. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years. Each violation of this section is a separate crime.

This section supersedes any restriction that a local jurisdiction in the State imposes on the transfer by a private party of a rifle or shotgun, and the State preempts the right of any local jurisdiction to regulate the transfer of a rifle or shotgun. In this section, “loan” includes a temporary gratuitous exchange of a rifle or shotgun. A licensee or any other person may not sell, rent, transfer, or loan a rifle or shotgun to a purchaser, lessee, transferee, or recipient who the licensee or other person knows or has reasonable cause to believe: has been convicted of a disqualifying crime, as defined in § 5–101 of this title; 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 as defined in § 5–101 of this title; is addicted to a controlled dangerous substance or is a habitual user as defined in § 5–101 of this title; 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, transferee, recipient, or another, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; has been found not criminally responsible under § 3–110 of the Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; has been involuntarily committed for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; 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, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; 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 Native American tribe and is in effect; 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; or intends to use the rifle or shotgun to: commit a crime; or cause harm to the purchaser, lessee, transferee, or recipient or another person. 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.