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§ 5-205. Possession by person with mental disorder

West's Annotated Code of MarylandPublic SafetyEffective: October 1, 2018

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 5. Firearms (Refs & Annos)
Subtitle 2. Rifles and Shotguns (Refs & Annos)
Effective: October 1, 2018
MD Code, Public Safety, § 5-205
Formerly cited as MD CODE Art. 27, § 481D
§ 5-205. Possession by person with mental disorder
Antique firearms
(a) 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.
Persons prohibited from possessing a rifle or shotgun
(b) A person may not possess a rifle or shotgun if the person:
(1) has been convicted of a disqualifying crime as defined in § 5-101 of this title;
(2) has been convicted of a violation classified as a crime under common law and received a term of imprisonment of more than 2 years;
(3) is a fugitive from justice;
(4) is a habitual drunkard as defined in § 5-101 of this title;
(5) is addicted to a controlled dangerous substance or is a habitual user as defined in § 5-101 of this title;
(6) 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;
(7) has been found incompetent to stand trial under § 3-106 of the Criminal Procedure Article;
(8) has been found not criminally responsible under § 3-110 of the Criminal Procedure Article;
(9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10-101 of the Health--General Article;
(10) has been involuntarily committed to a facility as defined in § 10-101 of the Health--General Article;
(11) 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;
(12) except as provided in subsection (c) of this section, is a respondent against whom:
(i) a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; or
(ii) 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
(13) 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.
Persons transporting rifle or shotgun
(c) This section does not apply to:
(1) 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:
(i) the rifle or shotgun is unloaded;
(ii) 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
(iii) the person transports the rifle or shotgun directly to the law enforcement unit, barracks, or station; or
(2) 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:
(i) the rifle or shotgun is unloaded;
(ii) 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
(iii) the person transports the rifle or shotgun directly to a State or local law enforcement agency or a federally licensed firearms dealer.
Misdemeanor violations
(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 $1,000 or both.
Relief from disqualification
(e) 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.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2013, c. 427, § 1, eff. Oct. 1, 2013; Acts 2015, c. 22, § 5; Acts 2018, c. 251, § 1, eff. Oct. 1, 2018.
MD Code, Public Safety, § 5-205, MD PUBLIC SAFETY § 5-205
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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