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§ 5-128. Purchases within 30 days--In general

West's Annotated Code of MarylandPublic Safety

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 5. Firearms (Refs & Annos)
Subtitle 1. Regulated Firearms (Refs & Annos)
MD Code, Public Safety, § 5-128
Formerly cited as MD CODE Art. 27, § 442A;  MD CODE Art. 27, § 449
§ 5-128. Purchases within 30 days--In general
Currentness
Scope of subsection
(a) Subsection (b) of this section does not apply to:
(1) a law enforcement agency;
(2) an agency authorized to perform law enforcement duties;
(3) a State or local correctional facility;
(4) a private security company licensed to do business in the State;
(5) the purchase of an antique firearm;
(6) a purchase by a licensee;
(7) the exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within 30 days immediately before the exchange or replacement; or
(8) a person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately, if:
(i) the person provides the licensee with a copy of the official police report or an official summary of the report, a copy of which shall be attached to the firearm application;
(ii) the official police report or official summary of the report contains the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, the date of the loss or theft, and the date when the loss or theft was reported to the law enforcement agency; and
(iii) the loss or theft occurred within 30 days before the person's attempt to replace the regulated firearm, as reflected by the date of loss or theft on the official police report or official summary of the report.
One purchase limit
(b) A person may not purchase more than one regulated firearm in a 30-day period.
On hold and disapproved applications
(c) A licensee or other person may not sell, rent, or transfer a regulated firearm to a firearm applicant whose firearm application is placed on hold because of an open disposition of criminal proceedings against the firearm applicant or disapproved, unless the hold or disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with § 5-127 of this subtitle.
Penalty
(d) 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 $5,000 or both.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003.
MD Code, Public Safety, § 5-128, MD PUBLIC SAFETY § 5-128
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document