Selected State Statutes: Maryland

Statutes: Maryland

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§ 5-101. Definitions

In general
(a) In this subtitle the following words have the meanings indicated.
Antique firearm
(b) “Antique firearm” has the meaning stated in § 4-201 of the Criminal Law Article.
Convicted of disqualifying crime
(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.
Crime of violence
(c) “Crime of violence” means:
(1) abduction;
(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;
(7) kidnapping;
(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;
(13) robbery;
(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) an attempt to commit any of the crimes listed in items (1) through (16) of this subsection; or
(18) assault with intent to commit any of the crimes listed in items (1) through (16) of this subsection or a crime punishable by imprisonment for more than 1 year.
Dealer
(d) “Dealer” means a person who is engaged in the business of:
(1) selling, renting, or transferring firearms at wholesale or retail; or
(2) repairing firearms.
Dealer's license
(e) “Dealer's license” means a State regulated firearms dealer's license.
Designated law enforcement agency
(f) “Designated law enforcement agency” means a law enforcement agency that the Secretary designates to process applications to purchase regulated firearms for secondary sales.
Disqualifying crime
(g) “Disqualifying crime” means:
(1) a crime of violence;
(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.
Firearm
(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; or
(ii) the frame or receiver of such a weapon.
(2) “Firearm” includes a starter gun.
Firearm applicant
(i) “Firearm applicant” means a person who makes a firearm application.
Firearm application
(j) “Firearm application” means an application to purchase, rent, or transfer a regulated firearm.
Fugitive from justice
(k) “Fugitive from justice” means a person who has fled to avoid prosecution or giving testimony in a criminal proceeding.
Habitual drunkard
(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.
Habitual user
(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.
Handgun
(n)(1) “Handgun” means a firearm with a barrel less than 16 inches in length.
(2) “Handgun” includes signal, starter, and blank pistols.
Handgun qualification license
(o) “Handgun qualification license” means a license issued by the Secretary that authorizes a person to purchase, rent, or receive a handgun.
Licensee
(p) “Licensee” means a person who holds a dealer's license.
Qualified handgun instructor
(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.
Regulated firearm
(r) “Regulated firearm” means:
(1) a handgun; or
(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;
(ii) AK-47 in all forms;
(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;
(xxxi) Sterling Mark 6;
(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”.
Rent
(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.
Secondary sale
(t) “Secondary sale” means a sale of a regulated firearm in which neither party to the sale:
(1) is a licensee;
(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.
Secretary
(u) “Secretary” means the Secretary of State Police or the Secretary's designee.
Straw purchase
(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.