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Session Laws, 2003
Volume 799, Page 215   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

the former references to "and/or" for clarity.

Defined terms: "Licensee" § 5-101
"Person" § 1-101
"Regulated firearm" § 5-101

5-104. PREEMPTION BY STATE.

THIS SUBTITLE SUPERSEDES ANY RESTRICTION THAT A LOCAL JURISDICTION
IN THE STATE IMPOSES ON A SALE OF A REGULATED FIREARM, AND THE STATE
PREEMPTS THE RIGHT OF ANY LOCAL JURISDICTION TO REGULATE THE SALE OF A
REGULATED FIREARM.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 442(a).

The references to a "local" jurisdiction are substituted for the former
references to "subordinated" jurisdictions and to "such" jurisdictions to
conform to the terminology used throughout this title and in other revised
articles of the Code.

The reference to this "subtitle" is substituted for the former narrower
reference to this "section" to reflect that parts of former § 442 now appear
throughout this subtitle.

The former reference to restrictions imposed "by the laws, ordinances or
regulations" of local jurisdictions is deleted as surplusage.

Defined term: "Regulated firearm" § 5-101

5-105. REGULATIONS.

THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 448 and 442B(f).

The former reference to this "section" is deleted as included in the
reference to this "subtitle".

Defined term: "Secretary" § 5-101
5-106. DEALER'S LICENSE.

(A)     REQUIRED.

A PERSON MUST LAWFULLY POSSESS A DEALER'S LICENSE ISSUED BY THE
SECRETARY BEFORE THE PERSON ENGAGES IN THE BUSINESS OF SELLING,
RENTING, OR TRANSFERRING REGULATED FIREARMS.

(B)     ONE LICENSE FOR EACH PLACE OF BUSINESS.

ONE DEALER'S LICENSE IS REQUIRED FOR EACH PLACE OF BUSINESS WHERE
REGULATED FIREARMS ARE SOLD.

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Session Laws, 2003
Volume 799, Page 215   View pdf image
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