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Maryland State Police Required Reading

THE CIRCUMSTANCES UNDER WHICH AN INDIVIDUAL BECOMES PROHIBITED FROM POSSESSING A FIREARM UNDER STATE AND FEDERAL LAW

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STATE LAW PUBLIC SAFETY ARTICLE TITLE 5 – Firearms Subtitle 1– Regulated Firearms Section 5-133 – Restrictions on Possession of Regulated Firearms

 

(a)    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)    Subject to § 5–133.3 of this subtitle, 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(i)(2) of the Health – General Article and has a history of     violent behavior against the person or another;        

(7)    has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article;        

(8)    has been found not criminally responsible under § 3–110 of the Criminal Procedure Article;        

(9)    has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;        

(10)    has been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article;        

(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;        

(12)    except as provided in subsection (e) of this section, 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 a Native American tribe and is in effect; or        

(13)    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)  

 (1)    A person may not possess a regulated firearm if the person was previously convicted of:            

(i)    a crime of violence;            

(ii)    a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 5–613, § 5–614, § 5–621, or § 5–622 of the Criminal Law Article; or            

(iii)    an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed in this State.        

 

(2)    

(i)    Subject to paragraph (3) of this subsection, a person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment for not less than 5 years and not exceeding 15 years.            

(ii)    The court may not suspend any part of the mandatory minimum sentence of 5 years.            

(iii)    Except as otherwise provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.        

 

(3)    At the time of the commission of the offense, if a period of more than 5 years has elapsed since the person completed serving the sentence for the most recent conviction under paragraph (1)(i) or (ii) of this subsection, including all imprisonment, mandatory supervision, probation, and parole:            

(i)    the imposition of the mandatory minimum sentence is within the discretion of the court; and            

(ii)    the mandatory minimum sentence may not be imposed unless the State’s Attorney notifies the person in writing at least 30 days before trial of the State’s intention to seek the mandatory minimum sentence.        

 

(4)    Each violation of this subsection is a separate crime.        

 

(5)    A person convicted under this subsection is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.    

 

(d)    

(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.        

(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 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 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 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)    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.    

 

(f)    This section does not apply to the carrying or transporting of a regulated firearm by a person who is carrying a court order requiring the surrender of the regulated firearm, if:        

(1)    the firearm is unloaded;        

(2)    the person has notified a law enforcement unit, barracks, or station that the firearm is being transported in accordance with the order; and     (3)    the person transports the firearm directly to a State or local law enforcement agency or a federally licensed firearms dealer.  

 

DISQUALIFYING CRIME: Maryland Code, Public Safety § 5-101

 

“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.

 

“Convicted of a disqualifying crime” includes (unless an expungement has been granted):      

(i) a case in which a person received probation before judgment for a crime of violence (except for Second Degree Assault, unless the Second-Degree Assault was a “Domestically related crime” -- “Domestically related crime” means a crime where the trial court has made a finding that the crime was a “Domestically related crime” under §6-233 of the Criminal Procedure Article.); and    

(ii) a case in which a person received probation before judgment in a “Domestically related crime.”  

 

Subtitle 1– Regulated Firearms

 

Section 5-205. Possession of rifle or shotgun

 

(a) This subtitle does not apply to a rifle or shotgun that is an antique firearm as defined in § 4-201 of the Criminal Law Article.

(b) A person may not possess a rifle or shotgun if the person:      

(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 crime under common law 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; 29-03 (10-23)       

(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 person or another;    

 (7) has been found incompetent to stand trial under § 3-106 of the Criminal Procedure Article;      

(8) has been found not criminally responsible under § 3-110 of the Criminal Procedure Article;      

(9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10-101 of the Health-General Article;      

(10) has been involuntarily committed to a facility as defined in § 10-101 of the Health--General Article;      

(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;      

(12) except as provided in subsection (c) of this section, 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 a Native American tribe and is in effect; or    

(13) 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) This section does not apply to:    

(1) a person transporting a rifle or shotgun if the person is carrying a civil protective order requiring the surrender of the rifle or shotgun and:         (i) the rifle or shotgun is unloaded;            

(ii) the person has notified the law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the civil protective order; and            

(iii) the person transports the rifle or shotgun directly to the law enforcement unit, barracks, or station; or      

(2) the carrying or transporting of a rifle or shotgun by a person who is carrying a court order requiring the surrender of the rifle or shotgun, if:       (i) the rifle or shotgun is unloaded;            

(ii) the person has notified a law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the order; and          

(iii) the person transports the rifle or shotgun directly to a State or local law enforcement agency or a federally licensed firearms dealer.

 

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

 

(e) A person who is disqualified from owning a rifle or shotgun under subsection (b)(6), (7), (8), (9), (10), or (11) of this section may seek relief from the disqualification in accordance with § 5-133.3 of this title.    

FEDERAL LAW 18 USC 922:

 

Unlawful acts

 

(g) It shall be unlawful for any person-    

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;    

(2) who is a fugitive from justice;    

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));   (4) who has been adjudicated as a mental defective or who has been committed to a mental institution;    

(5) who, being an alien- (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); (6) who has been discharged from the Armed Forces under dishonorable conditions;    

(7) who, having been a citizen of the United States, has renounced his citizenship;    

(8) who is subject to a court order that- (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or    

(9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

 

Article - Family Law §4–505 If, after a hearing on a petition, whether ex parte or otherwise, a judge finds that there are reasonable grounds to believe that a person eligible for relief has been abused, the judge may enter a temporary protective order to protect any person eligible for relief from abuse. The temporary protective order may order any or all of the following relief: 29-03 (10-23)   (viii) order the respondent to surrender to law enforcement authorities any firearm in the respondent's possession, and to refrain from possession of any firearm, for the duration of the temporary protective order if the abuse consisted of: 1. the use of a firearm by the respondent against a person eligible for relief; 2. a threat by the respondent to use a firearm against a person eligible for relief; 3. serious bodily harm to a person eligible for relief caused by the respondent; or 4. a threat by the respondent to cause serious bodily harm to a person eligible for relief Article - Family Law §4–506 The final protective order shall order the respondent to surrender to law enforcement authorities any firearm in the respondent’s possession, and to refrain from possession of any firearm, for the duration of the protective order.

 

Article - Family Law §4–508.1

 

(a)    

(1)    In this section, “order for protection” means a temporary or final order or injunction that:            

(i)    is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person;            

(ii)    is issued by a civil court in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection or by a criminal court; and            

(iii)    is obtained by filing an independent action or as a pendente lite order in another proceeding.        

(2) “Order for protection” does not include a support or child custody order.    

 

(b)    An order for protection issued by a court of another state or a Native American tribe shall be accorded full faith and credit by a court of this State and shall be enforced:        

(1)    in the case of an ex parte order for protection, only to the extent that the order affords relief that is permitted under § 4–505 of this subtitle; and        

(2)    in the case of an order for protection, other than an ex parte order for protection, only to the extent that the order affords relief that is permitted under § 4–506(d) of this subtitle.    

 

(c)    A law enforcement officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of an order for protection that was issued by a court of another state or a Native American tribe and is in effect at the time of the violation if the person seeking the assistance of the law enforcement officer:        

(1)    has filed with the District Court or circuit court for the jurisdiction in which the person seeks assistance a copy of the order; or        

(2)    displays or presents to the law enforcement officer a copy of the order that appears valid on its face.    

 

(d)    A law enforcement officer acting in accordance with this section shall be immune from civil liability if the law enforcement officer acts in good faith and in a reasonable manner.    

 

(e)    It is the intent of the General Assembly that an order for protection issued by a court of this State shall be accorded full faith and credit by a court of another state to the extent required by federal law.

EXTREME RISK PROTECTIVE ORDER - Maryland Public Safety 5-601 In this subtitle the following words have the meanings indicated. Extreme risk protective order - Extreme risk protective order means a civil interim, temporary, or final protective order issued in accordance with this subtitle. § 5-603. Interim extreme risk protective order Prohibiting possession of a firearm; emergency mental health evaluation

 

(a)(1) When a petition is filed with a District Court commissioner under § 5-602(

 

b)(2) of this subtitle, the commissioner may enter an interim extreme risk protective order to prohibit the respondent from possessing a firearm if the commissioner finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

(3) The interim extreme risk protective order shall:

(i) order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and

(ii) prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim extreme risk protective order. § 5-604.

 

Temporary extreme risk protective order

 

Prohibiting possession of a firearm, emergency mental health evaluation

(a)(1) After a hearing on a petition, whether ex parte or otherwise, a judge may enter a temporary extreme risk protective order to prohibit the respondent from possessing a firearm if the judge finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

 

(3) The temporary extreme risk protective order shall:

(i) order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and

(ii) prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the temporary extreme risk protective order. § 5-605.

 

Final extreme risk protective order

 

The judge may enter a final extreme risk protective order to prohibit the respondent from possessing a firearm if the judge finds by clear and convincing evidence that the respondent poses a danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.  The final extreme risk protective order shall:

 

(i) order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and

(ii) prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim extreme risk protective order. 

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