Md. Code Regs. 29.03.01.03 - Possession

Current through Register Vol. 49, No. 8, April 8, 2022

A. A person may not possess a regulated firearm if the person:
(1) Is a habitual drunkard;
(2) Is addicted to or a habitual user of a controlled dangerous substance;
(3) Is a fugitive from justice;
(4) Has been convicted of:
(a) A crime of violence;
(b) Any violation classified as a felony in this State;
(c) Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years; or
(d) Any violation classified as a common law offense where the person received a term of imprisonment of more than 2 years; or
(5) Has received probation before judgment for a crime of violence, except for assault in the second degree or a case in which a person received probation before judgment for a disqualifying crime and that crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;
(6) Has received probation before judgment for a domestically related crime, as defined in Criminal Procedure Article, § 6-233, Annotated Code of Maryland, except when the crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;
(7) Has been found not criminally responsible under Criminal Procedure Article, § 3-110, Annotated Code of Maryland;
(8) Has been found incompetent to stand trial under Criminal Procedure Article, § 3-106, Annotated Code of Maryland;
(9) Has a mental health disorder and a history of violent behavior;
(10) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility;
(11) Has been involuntarily admitted to a mental health facility;
(12) Is under the protection of a guardian appointed by a court under Estates of Trusts Article, § 13-201(c) or 13-705, Annotated Code of Maryland, unless the appointment of the guardian was solely a result of a physical disability;
(13) Is a respondent against whom a current non ex parte civil protection order has been entered under Family Law Article, § 4-506, Annotated Code of Maryland;
(14) Is a respondent against whom an order for protection, as defined in Family Law Article, § 4-508.1, Annotated Code of Maryland, has been issued by a court of another state or a Native American tribe and is in effect;
(15) Is younger than 30 years old and has been adjudicated delinquent by a juvenile court for committing an act that would be:
(a) A crime of violence if committed by an adult;
(b) A violation classified as a felony in this State if committed by an adult; or
(c) A violation classified as a misdemeanor in this State that carries a statutory penalty of more than two years if committed by an adult; or
(16) Is prohibited from otherwise possessing a firearm by federal or State law.
B. A person younger than 21 years old may not possess a regulated firearm unless the person is not otherwise prohibited from possessing a regulated firearm and is:
(1) A member of the armed forces of the United States or the National Guard and is performing official duties;
(2) Required to possess a regulated firearm for employment purposes and holds a valid permit under Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland;
(3) Temporarily transferring or possessing a regulated firearm or ammunition and is:
(a) Under the supervision of another who is at least 21 years old or older and who is not prohibited by federal or State law from possessing a firearm; and
(b) Acting with the permission of the parent or legal guardian of the person;
(4) Temporarily transferring or possessing a regulated firearm or ammunition and is:
(a) Participating in marksmanship training of a recognized organization; and
(b) Under the supervision of a qualified instructor; or
(5) Possessing the firearm for self-defense or the defense of others against a trespasser into the person's residence or a residence in which the person is an invited guest.
C. This section does not apply to a respondent transporting a regulated firearm if the respondent is carrying a civil protection order requiring the surrender of the regulated firearm and:
(1) The regulated firearm is unloaded;
(2) The respondent has notified the law enforcement unit, barracks, or station that the regulated firearm is being transported in accordance with the civil protection order; and
(3) The respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.
D. This section supersedes any restrictions 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.

Notes

Md. Code Regs. 29.03.01.03
Regulations .03 repealed effective April 25, 1994 (21:8 Md. R. 675)
Regulations .03 adopted effective April 25, 1994 (21:8 Md. R. 675)
Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
Regulations .03 adopted as an emergency provision effective 40:21 Md. R. 1772, eff.10/1/2013 ; adopted permanently effective 40:25 Md. R. 2071, eff.12/23/2013

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