Md. Code Regs. 29.03.01.16

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

Section 29.03.01.16 - Regulated Firearm Application - Generally

A. A regulated firearm application is required to purchase, rent, or transfer a regulated firearm.

B. The regulated firearm application shall be submitted in the format prescribed by the Secretary.

C. The regulated firearm application shall include:

(1) The applicant's name, address, driver's license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;

(2) The dealer's name, address, telephone number, and identification number, and the salesperson's name;

(3) The seller's name, address, driver's license or photographic identification soundex number, Social Security number, date of birth, race, sex, and home and work telephone numbers;

(4) The make, caliber, model, type, finish, barrel length, serial number, country of origin, and date of manufacture of the regulated firearm;

(5) Whether the firearm is new or used;

(6) For a handgun manufactured after January 1, 1985, whether it is listed on the handgun roster;

(7) For a handgun manufactured on or before December 31, 2002, whether it was sold, offered for sale, rented, or transferred with an external safety lock;

(8) For a handgun manufactured on or after January 1, 2003, whether it is equipped with an approved integrated mechanical safety device;

(9) For a handgun, including a replacement handgun as described under 27 CFR § 178.147, which was shipped or transported by a manufacturer on or after October 1, 2000 and has not been sold, rented, or transferred to a person not licensed as a dealer, a statement by the dealer as to:

(a) The date of manufacture;

(b) The name of the manufacturer;

(c) The federal firearms license number of the manufacturer; and

(d) Whether a shell casing was included in the box with the handgun; and

(10) Authorization by the applicant to the Department of Health and Mental Hygiene, or any other similar agency or department of another state, to disclose to the Department of State Police information as to whether the applicant:

(a) Suffers from a mental disorder and has a history of violent behavior;

(b) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; or

(c) Has been involuntarily committed to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; and

(11) A declaration by the applicant, under the penalty of perjury, that the applicant is not prohibited under federal or State law from possessing a handgun;

(12) A declaration by the applicant, under penalty of perjury, that the applicant is not participating in a straw purchase; and

(13) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate.

D. The application shall contain the following required statement: "Any false information supplied or statement made in this application is a crime which is punishable by imprisonment for a period of not more than 3 years or a fine of not more than $5,000, or both."

E. The application must include a signature by the applicant and be witnessed by a dealer or a designated law enforcement agency.

F. The application must be accompanied by a nonrefundable payment of $10.

G. If a firearm applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the firearm application.

H. A regulated firearm application that is marked as not disapproved by the Secretary is valid only for the purchase, rental, or transfer of the firearm listed on the application.

I. The Secretary shall adopt a continuation form which shall be used for the purchase of more than one regulated firearm at the same time. The information on the continuation form must match the information provided on the firearm application pursuant to §C of this regulation.

Md. Code Regs. 29.03.01.16

Regulation .01 amended and Regulations.16 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
Regulations .16 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