Md. Code Regs. 29.03.01.03

Current through Register Vol. 51, No. 20, October 4, 2024

Section 29.03.01.03 - Possession

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.

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