Ch. 5

2003 LAWS OF MARYLAND

5-133. RESTRICTIONS ON POSSESSION OF REGULATED FIREARMS.

(A)     PREEMPTION BY STATE.

THIS SECTION SUPERSEDES ANY RESTRICTION 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.

(B)     POSSESSION OF REGULATED FIREARM PROHIBITED.

A PERSON MAY NOT POSSESS A REGULATED FIREARM IF THE PERSON:

(1)      HAS BEEN CONVICTED OF A DISQUALIFYING CRIME;

(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;

(5)      IS ADDICTED TO A CONTROLLED DANGEROUS SUBSTANCE OR IS A
HABITUAL USER;

(6)      SUFFERS FROM A MENTAL DISORDER AS DEFINED IN § 10-101(F)(2)
OF THE HEALTH - GENERAL ARTICLE AND HAS A HISTORY OF VIOLENT BEHAVIOR
AGAINST THE PERSON OR ANOTHER, UNLESS THE PERSON HAS A PHYSICIAN'S
CERTIFICATE THAT THE PERSON IS CAPABLE OF POSSESSING A REGULATED
FIREARM WITHOUT UNDUE DANGER TO THE PERSON OR TO ANOTHER;

(7)      HAS BEEN CONFINED FOR MORE THAN 30 CONSECUTIVE DAYS TO A
FACILITY AS DEFINED IN § 10-101 OF THE HEALTH - GENERAL ARTICLE, UNLESS THE
PERSON HAS A PHYSICIAN'S CERTIFICATE THAT THE PERSON IS CAPABLE OF
POSSESSING A REGULATED FIREARM WITHOUT UNDUE DANGER TO THE PERSON OR
TO ANOTHER;

(8)      IS A RESPONDENT AGAINST WHOM A CURRENT NON EX PARTE CIVIL
PROTECTIVE ORDER HAS BEEN ENTERED UNDER § 4-506 OF THE FAMILY LAW
ARTICLE; OR

(9)      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.

(C)     PENALTY FOR POSSESSION BY CONVICTED FELON.

(1) A PERSON MAY NOT POSSESS A REGULATED FIREARM IF THE
PERSON WAS PREVIOUSLY CONVICTED OF:

(I)      A CRIME OF VIOLENCE;

(II)     A VIOLATION OF § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-607,
§ 5-608, § 5-609, § 5-612, § 5-613, OR § 5-614 OF THE CRIMINAL LAW ARTICLE; OR

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