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Session Laws, 2003
Volume 799, Page 259   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

local law enforcement agency. See § 5-119(2) of this subtitle. See also § 5-134(c)(2) of
this subtitle. The Secretary of State Police may waive the 7-day waiting period under
§ 5-124 of this subtitle for law enforcement personnel of the State if the person
purchases a regulated firearm for use within the scope of the person's official duties.
See § 5-137(b)(3) of this subtitle. The General Assembly may wish to standardize
these references. See also § 5-203(a)(1) of this title.

SUBTITLE 2. RIFLES AND SHOTGUNS.
5-201. DEFINITIONS.

(A)     IN GENERAL.

IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 481C(a)(l).

The reference to this "subtitle" is substituted for the former reference to
this "section" for consistency in this subtitle, even though the terms "rifle"
and "shotgun" as used in §§ 5-204 and 5-205 of this subtitle were not
explicitly in the scope of former § 481C. However, § 5-204 of this subtitle,
because it contains references to a "federally licensed gun dealer",
implicitly refers to the definitions of "rifle" and "shotgun" in federal law.
See 18 U.S.C. § 921. Similarly, § 5-205 of this subtitle, which prohibits
possession of a "rifle or shotgun" by a person suffering from a mental
disorder, implicitly refers to the federal law definitions or their
substantively identical counterparts under State law. See CR § 4-201.
Because the terms "rifle" and "shotgun" are defined in this subtitle to be
substantively identical to the definitions in 18 U.S.C. § 921 and CR §
4-201, no substantive change results.

(B)     RIFLE.

"RIFLE" HAS THE MEANING STATED IN § 4-201 OF THE CRIMINAL LAW ARTICLE.

REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 481C(a)(2).

This subsection is revised to conform to the definition of "rifle" in § 4-201
of the Criminal Law Article to avoid the possibility of unintended language
variations if the definition in the Criminal Law Article is amended in the
future. Former Art. 27, § 36F(d), from which CR § 4-201(e) was derived,
and former Art. 27, § 481C(a)(2), from which this subsection is derived,
were identical provisions.

(C)     SHORT-BARRELED RIFLE.

"SHORT-BARRELED RIFLE" HAS THE MEANING STATED IN § 4-201 OF THE
CRIMINAL LAW ARTICLE.

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Session Laws, 2003
Volume 799, Page 259   View pdf image
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