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<section article="gps" article_name="Public Safety" number="5-207" title_number="5" title_name="Firearms" subtitle_number="2" subtitle_name="Rifles and Shotguns">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>In this section, “loan” includes a temporary gratuitous exchange of a rifle or shotgun.</text>
  </level>
  <level label="c">
    <text>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:</text>
    <level label="1">
      <text>has been convicted of a disqualifying crime, as defined in § 5–101 of this title;</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">
      <text>is a fugitive from justice;</text>
    </level>
    <level label="4">
      <text>is a habitual drunkard as defined in § 5–101 of this title;</text>
    </level>
    <level label="5">
      <text>is addicted to a controlled dangerous substance or is a habitual user as defined in § 5–101 of this title;</text>
    </level>
    <level label="6">
      <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 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;</text>
    </level>
    <level label="7">
      <text>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;</text>
    </level>
    <level label="8">
      <text>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;</text>
    </level>
    <level label="9">
      <text>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;</text>
    </level>
    <level label="10">
      <text>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;</text>
    </level>
    <level label="11">
      <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, 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;</text>
    </level>
    <level label="12">
      <text>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 Native American tribe and is in effect;</text>
      </level>
    </level>
    <level label="13">
      <text>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;</text>
    </level>
    <level label="14">
      <text>is visibly under the influence of alcohol or drugs;</text>
    </level>
    <level label="15">
      <text>is a participant in a straw purchase; or</text>
    </level>
    <level label="16">
      <text>intends to use the rifle or shotgun to:</text>
      <level label="i">
        <text>commit a crime; or</text>
      </level>
      <level label="ii">
        <text>cause harm to the purchaser, lessee, transferee, or recipient or another person.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
</section>
