Ch. 5

2003 LAWS OF MARYLAND

(2) AFTER A FINDING OF GUILT, DISPOSED OF IN ACCORDANCE WITH
TITLE 13, SUBTITLE 2 OF THE CRIMINAL PROCEDURE ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 445B.

Defined term: "Regulated firearm" § 5-101
5-136. STRAW PURCHASES.

(A)     SCOPE OF SECTION.

(1)      THIS SECTION DOES NOT APPLY TO A PERSON WHO PURCHASES A
REGULATED FIREARM AS A GIFT IF:

(I)      THE REGULATED FIREARM IS A GIFT TO A RESIDENT OF THE
STATE; AND

(II)     1. BOTH THE PURCHASER AND RECIPIENT OF THE GIFT
COMPLY WITH THE REQUIREMENTS OF THIS SUBTITLE THAT RELATE TO THE
POSSESSION, SALE, RENTAL, RECEIPT, TRANSFER, OR PURCHASE OF A REGULATED
FIREARM; OR

2. IF THE GIFT IS IN THE FORM OF A GIFT CERTIFICATE,
ONLY THE RECIPIENT OF THE GIFT NEED COMPLY WITH THE REQUIREMENTS OF
THIS SUBTITLE THAT RELATE TO THE POSSESSION, SALE, RENTAL, RECEIPT,
TRANSFER, OR PURCHASE OF A REGULATED FIREARM.

(2)      IF THE REGULATED FIREARM IS A GIFT TO THE PURCHASER'S
SPOUSE, PARENT, GRANDPARENT, GRANDCHILD, SIBLING, OR CHILD, THE RECIPIENT
SHALL:

(I)      COMPLETE AN APPLICATION TO PURCHASE OR TRANSFER A
REGULATED FIREARM; AND

(II)     FORWARD THE APPLICATION TO THE SECRETARY WITHIN 5
DAYS AFTER RECEIPT OF THE REGULATED FIREARM.

(3)      THE SECRETARY SHALL WAIVE THE $10 APPLICATION FEE REQUIRED
UNDER § 5-118(A)(2) OF THIS SUBTITLE FOR A GIFT PURCHASED IN ACCORDANCE
WITH THIS SUBSECTION.

(B)     PROHIBITED.

A PERSON MAY NOT KNOWINGLY OR WILLFULLY PARTICIPATE IN A STRAW
PURCHASE OF A REGULATED FIREARM.

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

In subsection (a)(2) of this section, the reference to "the purchaser's"
spouse, parent, grandparent, grandchild, sibling, or child is added for
clarity.

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