Home Table of Contents

§ 5-207. Sale, rent, transfer, or loan prohibited

West's Annotated Code of MarylandPublic SafetyEffective: March 14, 2021

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 5. Firearms (Refs & Annos)
Subtitle 2. Rifles and Shotguns (Refs & Annos)
Effective: March 14, 2021
MD Code, Public Safety, § 5-207
§ 5-207. Sale, rent, transfer, or loan prohibited
Currentness
Preemption
(a) 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.
“Loan” defined
(b) In this section, “loan” includes a temporary gratuitous exchange of a rifle or shotgun.
In general
(c) 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:
(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 common law crime 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 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;
(7) 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;
(8) 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;
(9) 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;
(10) 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;
(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, 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;
(12) 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 Native American tribe and is in effect;
(13) 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;
(14) is visibly under the influence of alcohol or drugs;
(15) is a participant in a straw purchase; or
(16) intends to use the rifle or shotgun to:
(i) commit a crime; or
(ii) cause harm to the purchaser, lessee, transferee, or recipient or another person.
Penalties
(d) 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.

Credits

Added by Acts 2021, c. 11, § 1, eff. March 13, 2021; Acts 2021, c. 35, § 1, eff. March 14, 2021.
MD Code, Public Safety, § 5-207, MD PUBLIC SAFETY § 5-207
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