<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 29.03.01.03" title_num="29" subtitle_num="03" chapter_num="01" heading="Possession.">
  <paragraph num="A.">
    <text>A person may not possess a regulated firearm if the person:</text>
    <paragraph num="(1)">
      <text>Is a habitual drunkard;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is addicted to or a habitual user of a controlled dangerous substance;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Is a fugitive from justice;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Has been convicted of:</text>
      <paragraph num="(a)">
        <text>A crime of violence;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Any violation classified as a felony in this State;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Any violation classified as a common law offense where the person received a term of imprisonment of more than 2 years; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Has been found not criminally responsible under Criminal Procedure Article, §3-110, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Has been found incompetent to stand trial under Criminal Procedure Article, §3-106, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Has a mental health disorder and a history of violent behavior;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Has been voluntarily admitted for more than 30 consecutive days to a mental health facility;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Has been involuntarily admitted to a mental health facility;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(14)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(15)">
      <text>Is younger than 30 years old and has been adjudicated delinquent by a juvenile court for committing an act that would be:</text>
      <paragraph num="(a)">
        <text>A crime of violence if committed by an adult;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A violation classified as a felony in this State if committed by an adult; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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</text>
      </paragraph>
    </paragraph>
    <paragraph num="(16)">
      <text>Is prohibited from otherwise possessing a firearm by federal or State law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>A member of the armed forces of the United States or the National Guard and is performing official duties;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Temporarily transferring or possessing a regulated firearm or ammunition and is:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Acting with the permission of the parent or legal guardian of the person;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Temporarily transferring or possessing a regulated firearm or ammunition and is:</text>
      <paragraph num="(a)">
        <text>Participating in marksmanship training of a recognized organization; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Under the supervision of a qualified instructor; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The regulated firearm is unloaded;</text>
    </paragraph>
    <paragraph num="(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 protection order; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
</regulation>