CRIMINAL LAW TITLE 4 –
WEAPONS CRIMES
Subtitle 3 – Assault Weapons and Detachable Magazines Section 4-301 – Definitions In this subtitle the following words have the meanings indicated.
A. “Assault long gun” means any assault weapon listed under § 5–101(r)(2) of the Public Safety Article;
B. “Assault pistol” means any of the following firearms or a copy regardless of the producer or manufacturer:
1) AA Arms AP–9 semiautomatic pistol;
2) Bushmaster semi-automatic pistol;
3) Claridge HI–TEC semi-automatic pistol;
4) D Max Industries semiautomatic pistol;
5) Encom MK–IV, MP–9, or MP–45 semiautomatic pistol;
6) Heckler and Koch semi-automatic SP–89 pistol;
7) Holmes MP–83 semiautomatic pistol;
8) Ingram MAC 10/11 semiautomatic pistol and variations including the Partisan Avenger and the SWD Cobray;
9) Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire variation;
10) P.A.W.S. type semi-automatic pistol;
11) Skorpion semi-automatic pistol;
12) Spectre double action semi-automatic pistol (Sile, F.I.E., Mitchell);
13) UZI semiautomatic pistol;
14) Weaver Arms semi-automatic Nighthawk pistol; or
15) Wilkinson semiautomatic “Linda” pistol.
C. “Assault weapon” means:
1) an assault long gun;
2) an assault pistol; or
3) a copycat weapon.
D. “Binary trigger system” means a device that, when installed in or attached to a firearm, fires both when the trigger is pulled and on release of the trigger.
E. “Bump stock” means a device that, when installed in or attached to a firearm, increases the rate of fire of the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger.
F. “Burst trigger system” means a device that, when installed in or attached to a firearm, allows the firearm to discharge two or more shots with a single pull of the trigger by altering the trigger reset.
G. “Copycat weapon” means:
1) a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following: a. a folding stock; b. a grenade launcher or flare launcher; or c. a flash suppressor;
2) a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
3) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;
4) a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds;
5) a semiautomatic shotgun that has a folding stock; or
6) a shotgun with a revolving cylinder.
● “Copycat weapon” does not include an assault long gun or an assault pistol.
H. “Detachable magazine” means an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.
I. “Flash suppressor” means a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter’s field of vision.
J. “Hellfire trigger” means a device that, when installed in or attached to a firearm, disengages the trigger return spring when the trigger is pulled.
K. “Licensed firearms dealer” means a person who holds a dealer’s license under Title 5, Subtitle 1 of the Public Safety Article.
L. “Rapid fire trigger activator” means any device, including a removable manual or power–driven activating device, constructed so that, when installed in or attached to a firearm: 1) the rate at which the trigger is activated increases; or 2) the rate of fire increases.
● “Rapid fire trigger activator” includes a bump stock, trigger crank, hellfire trigger, binary trigger system, burst trigger system, or a copy or a similar device, regardless of the producer or manufacturer.
● “Rapid fire trigger activator” does not include a semiautomatic replacement trigger that improves the performance and functionality over the stock trigger.
M. “Trigger crank” means a device that, when installed in or attached to a firearm, repeatedly activates the trigger of the firearm through the use of a crank, a lever, or any other part that is turned in a circular motion.
Section 4-302 – Scope of Subtitle This subtitle does not apply to:
1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, law enforcement personnel of the State or a local unit in the State, or a railroad police officer authorized under Title 3 of the Public Safety Article or 49 U.S.C. § 28101;
2) a firearm modified to render it permanently inoperative;
3) possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who is: i. providing or servicing an assault weapon or detachable magazine for a law enforcement unit or for personnel exempted under item (1) of this section; ii. acting to sell or transfer an assault weapon or detachable magazine to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer; or iii. acting to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair;
4) organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons and applicable ammunition and detachable magazines;
5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;
6) the receipt of an assault weapon or detachable magazine by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate;
7) possession by a person who is retired in good standing from service with a law enforcement agency of the State or a local unit in the State and is not otherwise prohibited from receiving an assault weapon or detachable magazine if: i. the assault weapon or detachable magazine is sold or transferred to the person by the law enforcement agency on retirement; or ii. the assault weapon or detachable magazine was purchased or obtained by the person for official use with the law enforcement agency before retirement;
8) possession or transport by an employee of an armored car company if the individual is acting within the scope of employment and has a permit issued under Title 5, Subtitle 3 of the Public Safety Article; or
9) possession, receipt, and testing by, or shipping to or from: i. an ISO 17025 accredited, National Institute of Justice–approved ballistics testing laboratory; or ii. a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
§ 4-303. Assault Weapons Prohibited
(a) Except as provided in subsection (b) of this section, a person may not:
1) transport an assault weapon into the State; or
2) possess, sell, offer to sell, transfer, purchase, or receive an assault weapon.
(b)
(1) A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before August 1, 1994, may:
i. continue to possess and transport the assault pistol; or
ii. while carrying a court order requiring the surrender of the assault pistol, transport the assault pistol directly to a law enforcement unit, barracks, or station, a State or local law enforcement agency, or a federally licensed firearms dealer, as applicable, if the person has notified a law enforcement unit, barracks, or station that the person is transporting the assault pistol in accordance with a court order and the assault pistol is unloaded.
(2) A licensed firearms dealer may continue to possess, sell, offer for sale, or transfer an assault long gun or a copycat weapon that the licensed firearms dealer lawfully possessed on or before October 1, 2013.
(3) A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may: i. possess and transport the assault long gun or copycat weapon; or ii. while carrying a court order requiring the surrender of the assault long gun or copycat weapon, transport the assault long gun or copycat weapon directly to a law enforcement unit, barracks, or station, a State or local law enforcement agency, or a federally licensed firearms dealer, as applicable, if the person has notified a law enforcement unit, barracks, or station that the person is transporting the assault long gun or copycat weapon in accordance with a court order and the assault long gun or copycat weapon is unloaded.
(4) A person may transport an assault weapon to or from: i. an ISO 17025 accredited, National Institute of Justice–approved ballistics testing laboratory; or ii. a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
(5) A federally licensed firearms dealer may receive and possess an assault weapon received from a person in accordance with a court order to transfer firearms under § 6–234 of the Criminal Procedure Article.
Section 4-305 – Detachable Magazines – Prohibited
(a) This section does not apply to:
1) a .22 caliber rifle with a tubular magazine; or
2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.
PUBLIC SAFETY
TITLE 5 – FIREARMS
Subtitle 1 – REGULATED FIREARMS
Section 5-101 – Definitions
A. “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; 29-03 (10-23) Page 27 of 71
(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”.
9. THE TYPES OF FIREARMS THAT REQUIRE A SPECIAL PERMIT OR REGISTRATION TO ACQUIRE OR POSSESS UNDER STATE OR FEDERAL LAW
Machine Guns
Short Barrel Rifle
Short Barrel Shotgun
CRIMINAL LAW
TITLE 4 – WEAPONS CRIMES
Subtitle 2 – Handguns
Section 4-201 – Definitions
(a)
(1) “Handgun” means a pistol, revolver, or other firearm capable of being concealed on the person.
(2) “Handgun” includes a short–barreled shotgun and a short–barreled rifle.
(3) “Handgun” does not include a shotgun, rifle, or antique firearm.
(b) “Rifle” means a weapon that is:
(1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and
(2) designed or redesigned, and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(c) “Short–barreled rifle” means:
(1) a rifle that has one or more barrels less than 16 inches long; or
(2) a weapon that has an overall length of less than 26 inches and that was made from a rifle, whether by alteration, modification, or otherwise.
(d) “Short–barreled shotgun” means:
(1) a shotgun that has one or more barrels less than 18 inches long; or
(2) a weapon that has an overall length of less than 26 inches long and was made from a shotgun, whether by alteration, modification, or otherwise.
(e) “Shotgun” means a weapon that is:
(1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and
(2) designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore one or more projectiles for each pull of the trigger.
CRIMINAL LAW
TITLE 4 – WEAPONS CRIMES
Subtitle 4 – Uniform Machine Gun Act
Section 4-401 – Definitions
(c) “Machine gun” means a loaded or unloaded weapon that is capable of automatically discharging more than one shot or bullet from a magazine by a single function of the firing device.
Section 4-403 – Registration of Machine Guns
(a)
(1) A manufacturer of a machine gun shall keep a register of each machine gun manufactured or handled by the manufacturer.
(2) The register shall contain:
(i) the method of manufacture and serial number of the machine gun;
(ii) the date of manufacture, sale, loan, gift, delivery, and receipt of the machine gun from the manufacturer; and
(iii) the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom the machine gun was received, and the purpose for which the machine gun was acquired.
(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(b)
(1) On demand, a manufacturer of a machine gun shall allow a marshal, sheriff, or police officer to inspect the manufacturer’s entire stock of machine guns, parts, and supplies and the register required under subsection (a) of this section.
(2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(c)
(1) A person who acquires a machine gun shall register the machine gun with the Secretary of State Police:
(i) within 24 hours after acquiring the machine gun; and
(ii) in each succeeding year during the month of May.
(2) The Secretary of State Police shall prepare and, on request of an applicant, furnish an application form for registration under this subsection.
(3) An application for registration shall contain:
(i) the make, model, serial number, caliber, type, barrel length, finish, and country of origin of the machine gun;
(ii) the name, address, race, gender, date of birth, Maryland driver’s license number, and occupation of the person in possession of the machine gun; and
(iii) the name of the person from whom the machine gun was acquired and the purpose for acquiring the machine gun. (
4) Each application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable registration fee of $10.
(5) Registration data provided under this section is not open to public inspection.
PUBLIC SAFETY
TITLE 5 – Firearms
Subtitle 2 – Rifles and Shotguns
Section 5-203 – Possession of Short-Barreled Rifle or Short-Barreled Shotgun
(a) A person may not possess a short-barreled rifle or short-barreled shotgun unless:
(1) the person, while on official business is:
(i) a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State;
(ii) a member of the armed forces of the United States or the National Guard while on duty or traveling to or from duty;
(iii) a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State; (iv) a warden or correctional officer of a correctional facility in the State; or
(v) a sheriff or a temporary or full-time deputy sheriff; or
(2) the short-barreled shotgun or short-barreled rifle has been registered with the federal government in accordance with federal law.
(b) In a prosecution under this section, the defendant has the burden of proving the lawful registration of the shortbarreled shotgun or short-barreled rifle.
(c) 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 $5,000 or both.
FEDERAL LAW
Which firearms are regulated under the National Firearms Act?
The following weapons are regulated under the National Firearms Act (NFA):
1. A shotgun having a barrel or barrels of less than 18 inches in length;
2. A weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
3. A rifle having a barrel or barrels of less than 16 inches in length;
4. A weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
5. Any other weapon, as defined in subsection (e);
6. A machine gun;
7. Any silencer (as defined in section 921 of title 18, United States Code); and
8. A destructive device. [26 U.S.C. 5845; 27 CFR 479.11]
Persons seeking to purchase a NFA weapon have to apply for and obtain a federal tax stamp from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) in order to possess the weapon.
https://www.atf.gov/firearms/national-firearms-act-division
