Maryland § 5-207

§ 5-207.

    (a)    This section supersedes any restriction that a local jurisdiction in the State imposes on the transfer by a private party of a rifle or shotgun, and the State preempts the right of any local jurisdiction to regulate the transfer of a rifle or shotgun.

    (b)    In this section, “loan” includes a temporary gratuitous exchange of a rifle or shotgun.

    (c)    A licensee or any other person may not sell, rent, transfer, or loan a rifle or shotgun to a purchaser, lessee, transferee, or recipient who the licensee or other person knows or has reasonable cause to believe:

        (1)    has been convicted of a disqualifying crime, as defined in § 5–101 of this title;

        (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 as defined in § 5–101 of this title;

        (5)    is addicted to a controlled dangerous substance or is a habitual user as defined in § 5–101 of this title;

        (6)    suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article, and has a history of violent behavior against the purchaser, lessee, transferee, recipient, or another, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

        (7)    has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

        (8)    has been found not criminally responsible under § 3–110 of the Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

        (9)    has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

        (10)    has been involuntarily committed for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

        (11)    is under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

        (12)    is a respondent against whom:

            (i)    a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or

            (ii)    an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or Native American tribe and is in effect;

        (13)    if under the age of 30 years at the time of the transaction, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult;

        (14)    is visibly under the influence of alcohol or drugs;

        (15)    is a participant in a straw purchase; or

        (16)    intends to use the rifle or shotgun to:

            (i)    commit a crime; or

            (ii)    cause harm to the purchaser, lessee, transferee, or recipient or another person.

    (d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.