Current with changes from the 2024 Legislative Session
Section 5-101 - Definitions(a) In this subtitle the following words have the meanings indicated.(b) "Antique firearm" has the meaning stated in § 4-201 of the Criminal Law Article.(b-1)(1) "Convicted of a disqualifying crime" includes:(i) a case in which a person received probation before judgment for a crime of violence; and(ii) a case in which a person received probation before judgment in a domestically related crime as defined in § 6-233 of the Criminal Procedure Article.(2) "Convicted of a disqualifying crime" does not include a case in which a person received a probation before judgment: (i) for assault in the second degree, unless the crime was a domestically related crime as defined in § 6-233 of the Criminal Procedure Article; or(ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article.(c) "Crime of violence" means:(2) arson in the first degree;(3) assault in the first or second degree;(4) burglary in the first, second, or third degree;(5) carjacking and armed carjacking;(6) escape in the first degree;(8) voluntary manslaughter;(9) maiming as previously proscribed under former Article 27, § 386 of the Code;(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;(11) murder in the first or second degree;(12) rape in the first or second degree;(14) robbery with a dangerous weapon;(15) sexual offense in the first, second, or third degree;(16) home invasion under § 6-202(b) of the Criminal Law Article;(17) a felony offense under Title 3, Subtitle 11 of the Criminal Law Article;(18) an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or(19) assault with intent to commit any of the crimes listed in items (1) through (17) of this subsection or a crime punishable by imprisonment for more than 1 year.(d) "Dealer" means a person who is engaged in the business of:(1) selling, renting, or transferring firearms at wholesale or retail; or(e) "Dealer's license" means a State regulated firearms dealer's license.(f) "Designated law enforcement agency" means a law enforcement agency that the Secretary designates to process applications to purchase regulated firearms for secondary sales.(g) "Disqualifying crime" means: (2) a violation classified as a felony in the State; or(3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.(h)(1) "Firearm" means: (i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive;(ii) the frame or receiver of such a weapon; or(iii) an unfinished frame or receiver, as defined in § 5-701 of this title.(2) "Firearm" includes a starter gun.(i) "Firearm applicant" means a person who makes a firearm application.(j) "Firearm application" means an application to purchase, rent, or transfer a regulated firearm.(k) "Fugitive from justice" means a person who has fled to avoid prosecution or giving testimony in a criminal proceeding.(l) "Habitual drunkard" means a person who has been found guilty of any three crimes under § 21-902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year.(m) "Habitual user" means a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years.(n)(1) "Handgun" means a firearm with a barrel less than 16 inches in length.(2) "Handgun" includes signal, starter, and blank pistols.(o) "Handgun qualification license" means a license issued by the Secretary that authorizes a person to purchase, rent, or receive a handgun.(p) "Licensee" means a person who holds a dealer's license.(q) "Qualified handgun instructor" means a certified firearms instructor who:(1) is recognized by the Maryland Police and Correctional Training commissions;(2) has a qualified handgun instructor license issued by the Secretary; or(3) has a certification issued by a nationally recognized firearms organization.(r) "Regulated firearm" means: (2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:(i) American Arms Spectre da Semiautomatic carbine;(iii) Algimec AGM-1 type semi-auto;(iv) AR 100 type semi-auto;(v) AR 180 type semi-auto;(vi) Argentine L.S.R. semi-auto;(vii) Australian Automatic Arms SAR type semi-auto;(viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;(ix) Barrett light .50 cal. semi-auto;(x) Beretta AR70 type semi-auto;(xi) Bushmaster semi-auto rifle;(xii) Calico models M-100 and M-900;(xiii) CIS SR 88 type semi-auto;(xiv) Claridge HI TEC C-9 carbines;(xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;(xvii) Dragunov Chinese made semi-auto;(xviii) Famas semi-auto (.223 caliber);(xix) Feather AT-9 semi-auto;(xx) FN LAR and FN FAL assault rifle;(xxi) FNC semi-auto type carbine;(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;(xxiii) Steyr-AUG-SA semi-auto;(xxiv) Galil models AR and ARM semi-auto;(xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;(xxvi) Holmes model 88 shotgun;(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;(xxviii) Manchester Arms "Commando" MK-45, MK-9;(xxix) Mandell TAC-1 semi-auto carbine;(xxx) Mossberg model 500 Bullpup assault shotgun;(xxxii) P.A.W.S. carbine;(xxxiii) Ruger mini-14 folding stock model (.223 caliber);(xxxiv) SIG 550/551 assault rifle (.223 caliber);(xxxv) SKS with detachable magazine;(xxxvi) AP-74 Commando type semi-auto;(xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;(xxxviii) Street sweeper assault type shotgun;(xxxix) Striker 12 assault shotgun in all formats;(xl) Unique F11 semi-auto type;(xli) Daewoo USAS 12 semi-auto shotgun;(xlii) UZI 9mm carbine or rifle;(xliii) Valmet M-76 and M-78 semi-auto;(xliv) Weaver Arms "Nighthawk" semi-auto carbine; or(xlv) Wilkinson Arms 9mm semi-auto "Terry".(s) "Rent" means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm.(t) "Secondary sale" means a sale of a regulated firearm in which neither party to the sale: (2) is licensed by the federal government as a firearms dealer;(3) devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of earning a profit through the repeated purchase and resale of firearms; or(4) repairs firearms as a regular course of trade or business.(u) "Secretary" means the Secretary of State Police or the Secretary's designee.(v) "Straw purchase" means a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to:(1) complete the application to purchase a regulated firearm;(2) take initial possession of the regulated firearm; and(3) subsequently transfer the regulated firearm to the person.Amended by 2022 Md. Laws, Ch. 19, Sec. 1, eff. 6/1/2022.Amended by 2022 Md. Laws, Ch. 18, Sec. 1, eff. 6/1/2022.Amended by 2019 Md. Laws, Ch. 22, Sec. 2, eff. 10/1/2019.Amended by 2019 Md. Laws, Ch. 21, Sec. 2, eff. 10/1/2019.Amended by 2017 Md. Laws, Ch. 805, Sec. 1, eff. 10/1/2017.Amended by 2017 Md. Laws, Ch. 804, Sec. 1, eff. 10/1/2017.Amended by 2015 Md. Laws, Ch. 321, Sec. 1, eff. 10/1/2015.Brought forward without change, 2014 Md. Laws, Ch. 116, Sec. 1, eff. 10/1/2014.Brought forward without change, 2014 Md. Laws, Ch. 115, Sec. 1, eff. 10/1/2014.Amended by 2013 Md. Laws, Ch. 427, Sec. 1, eff. 10/1/2013.