Regulation .03 Possession.
Regulation .03 Possession.LinkCopy Citation
A.
A person may not possess a regulated firearm if the person:
(1)
Is a habitual drunkard;
(2)
Is addicted to or a habitual user of a controlled dangerous substance;
(3)
Is a fugitive from justice;
(4)
Has been convicted of:
(a)
A crime of violence;
(b)
Any violation classified as a felony in this State;
(c)
Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years; or
(d)
Any violation classified as a common law offense where the person received a term of imprisonment of more than 2 years; or
(5)
Has received probation before judgment for a crime of violence, except for assault in the second degree or a case in which a person received probation before judgment for a disqualifying crime and that crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;
(6)
Has received probation before judgment for a domestically related crime, as defined in Criminal Procedure Article, §6-233, Annotated Code of Maryland, except when the crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;
(7)
Has been found not criminally responsible under Criminal Procedure Article, §3-110, Annotated Code of Maryland;
(8)
Has been found incompetent to stand trial under Criminal Procedure Article, §3-106, Annotated Code of Maryland;
(9)
Has a mental health disorder and a history of violent behavior;
(10)
Has been voluntarily admitted for more than 30 consecutive days to a mental health facility;
(11)
Has been involuntarily admitted to a mental health facility;
(12)
Is under the protection of a guardian appointed by a court under Estates of Trusts Article, §13-201(c) or 13-705, Annotated Code of Maryland, unless the appointment of the guardian was solely a result of a physical disability;
(13)
Is a respondent against whom a current non ex parte civil protection order has been entered under Family Law Article, §4-506, Annotated Code of Maryland;
(14)
Is a respondent against whom an order for protection, as defined in Family Law Article, §4-508.1, Annotated Code of Maryland, has been issued by a court of another state or a Native American tribe and is in effect;
(15)
Is younger than 30 years old and has been adjudicated delinquent by a juvenile court for committing an act that would be:
(a)
A crime of violence if committed by an adult;
(b)
A violation classified as a felony in this State if committed by an adult; or
(c)
A violation classified as a misdemeanor in this State that carries a statutory penalty of more than two years if committed by an adult; or
(16)
Is prohibited from otherwise possessing a firearm by federal or State law.
B.
A person younger than 21 years old may not possess a regulated firearm unless the person is not otherwise prohibited from possessing a regulated firearm and is:
(1)
A member of the armed forces of the United States or the National Guard and is performing official duties;
(2)
Required to possess a regulated firearm for employment purposes and holds a valid permit under Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland;
(3)
Temporarily transferring or possessing a regulated firearm or ammunition and is:
(a)
Under the supervision of another who is at least 21 years old or older and who is not prohibited by federal or State law from possessing a firearm; and
(b)
Acting with the permission of the parent or legal guardian of the person;
(4)
Temporarily transferring or possessing a regulated firearm or ammunition and is:
(a)
Participating in marksmanship training of a recognized organization; and
(b)
Under the supervision of a qualified instructor; or
(5)
Possessing the firearm for self-defense or the defense of others against a trespasser into the person’s residence or a residence in which the person is an invited guest.
C.
This section does not apply to a respondent transporting a regulated firearm if the respondent is carrying a civil protection order requiring the surrender of the regulated firearm and:
(1)
The regulated firearm is unloaded;
(2)
The respondent has notified the law enforcement unit, barracks, or station that the regulated firearm is being transported in accordance with the civil protection order; and
(3)
The respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.
D.
This section supersedes any restrictions 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.