Section 5-133 - Restrictions on possession of regulated firearms.
§ 5-133. Restrictions on possession of regulated firearms.
(a) Preemption by State.- This section supersedes any restriction 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.
(b) Possession of regulated firearm prohibited.- A person may not possess a regulated firearm if the person:
(1) has been convicted of a disqualifying crime;
(2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;
(3) is a fugitive from justice;
(4) is a habitual drunkard;
(5) is addicted to a controlled dangerous substance or is a habitual user;
(6) suffers from a mental disorder as defined in § 10-101(f)(2) of the Health - General Article and has a history of violent behavior against the person or another, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;
(7) has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;
(8) except as provided in subsection (e) of this section, is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; or
(9) if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.
(c) Penalty for possession by person convicted of crime of violence.-
(1) A person may not possess a regulated firearm if the person was previously convicted of:
(i) a crime of violence; or
(ii) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-607, § 5-608, § 5-609, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article.
(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment for not less than 5 years, no part of which may be suspended.
(3) A person sentenced under paragraph (1) of this subsection may not be eligible for parole.
(4) Each violation of this subsection is a separate crime.
(d) Possession by person under age of 21 years prohibited; exceptions.-
(1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm or ammunition solely designed for a regulated firearm.
(2) Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to:
(i) the temporary transfer or possession of a regulated firearm or ammunition solely designed for a regulated firearm if the person is:
1. under the supervision of another who is at least 21 years old and who is not prohibited by State or federal law from possessing a firearm; and
2. acting with the permission of the parent or legal guardian of the transferee or person in possession;
(ii) the transfer by inheritance of title, and not of possession, of a regulated firearm;
(iii) a member of the armed forces of the United States or the National Guard while performing official duties;
(iv) the temporary transfer or possession of a regulated firearm or ammunition solely designed for a regulated firearm if the person is:
1. participating in marksmanship training of a recognized organization; and
2. under the supervision of a qualified instructor;
(v) a person who is required to possess a regulated firearm for employment and who holds a permit under Subtitle 3 of this title; or
(vi) the possession of a firearm or ammunition for self-defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest.
(e) Exception if carrying civil protective order.- This section does not apply to a respondent transporting a regulated firearm if the respondent is carrying a civil protective 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 protective order; and
(3) the respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.
[An. Code 1957, art. 27, §§ 445(a), (d), (e), 449(e); 2003, ch. 5, § 2; ch. 17; 2010, ch. 712.]