THE AUTHOR OF THIS PUBLICATION IS THE CURRENT STATE'S ATTORNEY FOR CARROLL COUNTY. THE OPINIONS AND INTERPRETATIONS OF THE FIREARMS LAW OF MARYLAND AND RESULTING APPELLATE CASE LAW ARE THOSE OF THE AUTHOR, WHOSE PROSECUTORIAL JURISDICTION IS CONFINED SOLELY TO CARROLL COUNTY, MARYLAND.

    Currently in Maryland, there are approximately sixty (60) existing statutory provisions governing the possession, ownership, purchase, transportation, wearing/carrying, use and sale/transfer of firearms. For the purpose of your handgun safety class, our presentation will focus upon the basic Maryland/Federal statutory regulations that regulate and govern the possession, purchase, sale/transfer, transportation, storage, ownership, and permitted "use" of your handgun/firearm to include self-defense situations and permissible use of deadly force.

    Because the firearm laws of Maryland are both voluminous and complex, we have incorporated a copy of all relevant statutory provisions for you in this publication for your permanent reference. As always, if you have a future question(s) about the law and your handgun/firearm, please feel free to contact the State's Attorney's Office (410-386-2671) or any law enforcement agency listed on the next page.

    As a citizen, your right to the lawful possession and use of your handgun/firearm is guaranteed by virtue of the Second Amendment to our Constitution of the United States. However, each citizen has both a legal and moral duty to conform their conduct in a manner consistent with our existing Federal, State, and Local handgun/firearm statutory regulations.

    We, in the State's Attorney's Office, are pleased to be a participant in the presentation of your Handgun Safety Course. We hope that it will be a valuable learning experience.
 
 

    If you have questions in regard to the use or possession of your firearm, you may call the law enforcement agencies listed below for assistance.

Carroll County State's Attorney's Office                                              (410) 386-2671

Maryland State Police                                                                            (410) 848-3111

Maryland State Police - Mt. Airy Office

                         -Resident Trooper                                                          (301) 829-0218

Maryland State Police - Cease Fire                                                       (410) 962-4293

ATF (Alcohol, Tobacco & Firearms)                                                      (410) 962-4115

Carroll County Sheriff's Office                                                               (410) 386-2900

Westminster City Police Department                                                     (410) 848-4646

Sykesville Police Department                                                                 (410) 795-0757

Hampstead Police Department                                                               (410) 239-8954

Manchester Police Department                                                              (410) 239-6900

Taneytown Police Department                                                                (410) 751-1150
 

    The Second Amendment of the Constitution of the United States guarantees and establishes your right to own and possess firearms. Please enjoy this constitutional right in accordance with our laws.

                                                                                                             Your State's Attorney,

                                                                                                                    JERRY F. BARNES
 
 

    The appropriate place to begin our discussion of handguns is to define who, under current Maryland law, is legally eligible to possess a handgun. In Maryland, a handgun (also referred to as a regulated firearm) also may include starter, signal, and blank pistols with certain exceptions. Inoperable, antique and black powder pistols are generally excluded from the existing Maryland statutory restrictions or prohibitions.

(d) RESTRICTIONS ON POSSESSION OF A REGULATED FIREARM (HANDGUN):

                          A PERSON MAY NOT POSSESS A REGULATED FIREARM (HANDGUN) IF THE PERSON:

    (1) Has been convicted of:

        (i) A crime of violence; (See Page 8)

        (ii) Any violation defined as a Felony in this State;

        (iii) Any violation classified as a Misdemeanor in this State that carries a statutory penalty of more than 2 years; or

        (iv) Any violation classified as a common law offense where the person received a term of imprisonment of more than
              2 years.

    (2) Is:

        (i) A fugitive from justice;

        (ii) A habitual drunkard;

        (iii) Addicted to or a habitual user of any Controlled Dangerous Substance;

        (iv) Suffering from a mental disorder as defined in Section 10-101 (f) (2) of the Health General Article and has a history of violent behavior against another person or self or has been confined for more than 30 consecutive days to a facility as defined in Section 10-101 of the Health General Article, unless the person possesses a physician's certificate that the person is capable of possessing a regulated firearm (handgun) without undue danger to the person or to others; or

        (v) A respondent against whom a current non ex parte civil protective order has been entered under Section 4-506 of the Family Law Article.

        (3) Is less than 30 years of age at the time of possession and has been adjudicated delinquent by a juvenile court for committing:

        (1) A crime of violence;

        (2) Any violation classified as a felony in this State; or

        (3) Any violation classified as a misdeameanor in this State that carries a statutory penalty of more than 2 years.

(e) RESTRICTIONS ON POSSESSION - MINORS:

    (1) Except as provided in Paragraph (2) of this subsection, a person who is under 21 years of age may not possess a regulated firearm (handgun) or ammunition solely designed for a regulated firearm (handgun).

    (2) Unless a person is otherwise prohibited from possessing a regulated firearm (handgun), this subsection does not apply to:

        (i) The temporary transfer or possession of a regulated firearm (handgun) or ammunition if the person is under 21 years of  age and is:

            (1) Under the supervision of a person at least 21 years of age 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 (handgun).

         (iii) A person who is a member of the armed forces of the United States or of the National Guard while performing official duties.

         (iv) The temporary transfer or possession of a regulated firearm (handgun) or regulated firearm ammunition if the person is under 21 years of age and is:

              1. Participating in marksmanship training or a recognized organization; and

              2. Under the supervision of a qualified instructor;

          (v) A person who is required to possess a regulated firearm (handgun) for employment purposes and has been issued a permit under Section 35E of this article; or

         (vi) The possession of a firearm or ammunition for the purpose of self- defense or the defense of others against a trespasser into the residence of the person in possession or into residence in which the person in possession is an invited guest.

NOTE: (IN MARYLAND AND PURSUANT TO EXISTING FEDERAL LAW, AN INDIVIDUAL 18 YEARS OF AGE , IF NOT OTHERWISE DISQUALIFIED, MAY PURCHASE OR POSSESS A STANDARD RIFLE OR SHOTGUN.)

** IF YOU DISCOVER THAT IT IS CURRENTLY UNLAWFUL FOR YOU TO POSSESS A HANDGUN, YOU SHOULD IMMEDIATELY CONTACT YOUR STATE'S ATTORNEY'S OFFICE TO AVOID CRIMINAL PROSECUTION.

    (a) In general. - In this subheading the following words have the meanings indicated.

    (e) Crime of violence. - "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;

        (10) Mayhem as previously proscribed under former § 384 of this article;

        (11) Murder in the first or second degree;

        (12) Rape in the first or second degree;

        (13) Robbery under § 486 or § 487 of this article;

        (14) Sexual offense in the first, second, or third degree;

        (15) An attempt to commit any of the aforesaid offenses; or

        (16) Assault with intent to commit any of the aforesaid offenses or any offense punishable by imprisonment for more than 1 year.

    If you are currently on Supervised or Unsupervised Probation from a conviction arising out of a District or Circuit Court criminal proceeding, you may not possess a handgun/firearm without prior approval of your probation officer or the Court. Any violation of this general condition of probation may result in a violation of the probation and imposition of any suspended or deferred sentence.

(For your information, we have enclosed excerpts of the standard District and Circuit Court probation forms)

A. Standard Conditions:

    4. Get permission from your Supervisor before: changing your home address, changing your job, leaving the State of Maryland, owning, possessing, using or having under your control any dangerous weapon or firearm of any description.

    3. Get permission from your Probation Agent before:

        a. changing your home address;

        b. changing your job;

        c. leaving the State of Maryland;

        d. owning, possessing, using, or having under your control, any dangerous weapon or firearm of any description;

    In addition to current Maryland restrictions governing the POSSESSION AND PURCHASE of handguns, it is equally as important to be aware of additional current Federal restrictions in regard to HANDGUN POSSESSION AND PURCHASE.

Pursuant to [18 USCS sec. 922 (g)] and other current Federal statutes, a person MAY NOT POSSESS a firearm (including handgun) if:

    1) Under Federal law a minor is defined as a person under 18 years of age. (21 in Maryland)

    *2) You have been convicted in any Court of a crime for which the Judge could have imprisoned you for more than one year, even if the Judge actually gave you a shorter sentence (unless the conviction was set aside, expunged or pardoned). (Maryland is two years.)

    3) You are a fugitive. (same as Maryland)

    4) You are an unlawful user of, or addicted to Marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance. (same as Maryland)

    5) You have been adjudicated mentally defective or have been committed to a mental institution. (similar to Maryland)

    *6) You have been discharged from the Armed Forces under dishonorable conditions. (only under Federal law)

    *7) You are an alien illegally in the United States. (only under Federal law)

    8) You are subject to a Court Order restraining you from harassing, stalking, or threatening an intimate partner or child of such partner. (This is a Court Order issued after a hearing where both or all parties were given adequate notice of the hearing and the opportunity to present their defense or position to the Court issuing the restrictive Order.) (In Maryland, this refers to a Protective Order issued pursuant to the Family Law Article, Section 4-506)

    9) You have been convicted in any Court of a misdemeanor crime of domestic violence. This includes any misdemeanor conviction involving the use or attempted use of physical force committed by a current or former spouse, parent, or guardian of the victim or by a person with a similar relationship with the victim (only under Federal law).

IT IS A FEDERAL CRIME UNDER THE GUN CONTROL ACT:

to possess a firearm and/or ammunition while subject to a qualifying Protection Order. [18 U.S.C. Section 922(g)(8)]

to possess a firearm and/or ammunition after conviction of a qualifying misdemeanor crime of domestic violence. [18 U.S.C. 922(g)(9)]

    A violation of the Gun Control Act [Sections 922(g)(8) and 922(g)(9)] has a maximum prison term of ten years. A violation under VAWA [Sections 2261, 2261A and 2262] has a maximum prison term of five years to live, depending on the seriousness of the bodily injury caused by the defendant.

    Possession of a firearm and/or ammunition after conviction of a "qualifying" domestic violence misdemeanor is a federal crime under [Section 922(g)(9)]. Generally, the misdemeanor will "qualify" if the conviction was for a crime committed by an intimate partner, parent or guardian of the victim that required the use or attempted use of physical force or the threatened use of a deadly weapon. In addition, [Section 922(g)(9)] imposes other legal requirements. The United States Attorney's Office will examine your case and determine whether the prior domestic violence misdemeanor conviction qualifies under [Section 922(g)(9)].

    Possession of a firearm and/or ammunition while subject to a Protection Order, and interstate violation of a Protection Order are federal crimes if the Protection Order "qualifies" under [Sections 2262 and 922(g)(8)]. Generally, a Protection Order will qualify under federal law if reasonable notice and an opportunity to be heard was given to the person against whom the Court's Order was entered and if the Order forbids future threats of violence. The United States Attorney's Office can evaluate your Order to see if it qualifies. Therefore you should keep copies of all Orders.

    Generally, the federal laws recognize an intimate partner as a spouse, a former spouse, a person who shares a child in common with the victim, or a person who cohabits or has cohabited with the victim.
 
 

    In Maryland, a person may purchase or transfer a handgun (regulated firearm) pursuant to the requirements and restrictions of Article 27, Sections 442, 442A, 443A and 445. These respective sections set forth the lawful procedures for purchases and transfer of handguns in both the retail and private manner as well as the permissible quantity of purchases.

    In general, you may purchase one (1) handgun per month if you qualify as a person who may lawfully possess a handgun pursuant to a seven (7) day waiting period and application procedures. You may purchase/transfer a handgun through a licensed firearm dealer or a designated law enforcement agency.

    However, the procedure involving the lawful purchase and transfer of handguns are closely regulated and very specific in regard to their requirements; therefore, we have included the specific applicable sections from Article 27 (Sections 442 , 442A, 443A and 445) of the Annotated Code of Maryland in your outline at this juncture for later detailed review.
 
 

    (a) Right to regulate sales preempted by State. - All restrictions imposed by the laws, ordinances or regulations of all subordinated jurisdictions within the State of Maryland on sales of regulated firearms are superseded by this section, and the State of Maryland hereby preempts the rights of such jurisdictions to regulate the sale of regulated firearms.

    (b) Straw purchase. -
        (1) Except as otherwise provided in this subsection, a person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

        (2) The prohibitions of this subsection do not apply to a person purchasing a regulated firearm as a gift provided:

            (i) The recipient of the gift is a resident of this State; and

            (ii) Both the purchaser and recipient of the gift comply with the requirements under this subheading pertaining to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm, unless the gift is in the form of a gift certificate, in which case only the recipient shall comply with the requirements.

        (3) If the regulated firearm is a gift to a spouse, parent, grandparent, grandchild, brother, sister, son, or daughter:

            (i) An application to purchase or transfer a regulated firearm shall be completed by the recipient and forwarded to the Secretary within 5 days of receipt of the regulated firearm; and

            (ii) The $10 application fee, as provided by subsection (g) of this section, shall be waived by the Secretary.

    (c) Sale by regulated firearms dealer. - No regulated firearms dealer shall sell, rent, or transfer any regulated firearm until after seven days shall have elapsed from the time an application to purchase or transfer shall have been executed by the prospective purchaser or transferee, in triplicate, and the original copy is forwarded by the prospective seller or transferor to the Secretary.

    (d) [SALE BY OTHER THAN REGULATED FIREARMS DEALER.]. -
        (1) A person who is not a regulated firearms dealer may not sell, rent, transfer, or purchase any regulated firearm until after 7 days shall have elapsed from the time an application to purchase or transfer shall have been executed by the prospective purchaser or transferee, in triplicate, and the original copy is forwarded by a regulated firearms dealer to the Secretary.

        (2) As an alternative to completing a secondary sale of a regulated firearm through a regulated firearms dealer, the prospective seller or transferor and the prospective purchaser or transferee may complete the transaction through a designated law enforcement agency (in Carroll County, Maryland State Police).

        (3) A person who makes an application to purchase, rent, or transfer a regulated firearm by secondary sale shall pay a processing fee not to exceed $20 to the regulated firearms dealer.

    (e) Disposition of copies of application. - The regulated firearms dealer or designated law enforcement agency shall promptly after receiving an application to purchase, rent, or transfer, completed in accordance with subsection (h) below, forward one copy of the same, by certified mail or by facsimile machine, to the Secretary. The copy forwarded to the Secretary shall contain the name, address, and signature of the prospective seller, lessor, or transferor. The prospective seller, lessor, or transferor shall retain one copy of the application for a period of not less than three years. The prospective purchaser, lessee, or transferee shall be entitled to the remaining copy of the application.

    (f) Application fee. -
        (1) A person who makes an application to purchase, rent, or transfer a regulated firearm shall pay to the regulated firearm shall pay to the regulated firearms dealer or designated law enforcement agency a $10 application fee with the application to purchase, rent, or transfer.

        (2) The regulated firearms dealer or designated law enforcement agency shall forward the $10 application fee along with the application to the Secretary.

        (3) If the regulated firearms dealer or designated law enforcement agency utilizes a facsimile machine to forward the application to the Secretary, the dealer or designated law enforcement agency shall:

            (i) Be billed $10 for each application forwarded to the Secretary during the month; and

            (ii) Pay the total application fee by the 15th day of the next month.

    (g) Warning on application. - The application to purchase, rent, or transfer shall bear the following legend: "Any false ;information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than three years, or a fine of not more than $5,000, or both."

    (h) Contents of application. - The application to purchase, rent, or transfer shall contain the following information:

        (1) Applicant's name, address, driver's or photographic identification soundex number, Social Security number, occupation, place and date of birth, height, weight, race, eye and hair color and signature and regulated firearm information for each firearm to be purchased, rented, or transferred. In the event the applicant is a corporation, the application shall be completed and executed by a corporate officer who is a resident of this State.

        (2) A statement by the applicant under the penalty of perjury that he or she:

            (i) Has never been convicted of:

                1. A crime of violence;

                2. Any violation classified as a felony in this State;

                3. Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years; or

                4. Any violation classified as a common law offense where the person received a term of imprisonment of more than 2 years.

            (ii) Is not a fugitive from justice.

            (iii) Is not a habitual drunkard.

            (iv) Is not an addict or habitual user of any controlled dangerous substances.

            (v) Has never spent more than thirty consecutive days in any medical institution for treatment of a mental disorder or disorders, unless there is attached to the application a physician's certificate, issued within 30 days prior to the date of application, certifying that the applicant is capable of possessing a regulated firearm without undue danger to himself or herself, or to others.

            (vi) Is at least 21 years of age.

            (vii) Is not a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article.

            (viii) Is less than 30 years of age at the time of application and has not been adjudicated delinquet by a juvenile court for:

                   (1) A crime of violence;

                   (2) Any violation classified as a felony in this State; or

                   (3) Any violation classified as a misdeameanor in this State that carries a statutory penalty of more than 2 years; and

              (ix) Subject to subsection (h-1) of this section, for an application made on or after January 1, 2002 has completed a certified firearms safety training course conducted free of charge by the Maryland Police Training Commission or that meets standards established by the Maryland Police Training Commission as provided in Article 41, § 4-201 (d-1) of the Code.

        (3) The date and hour the application was delivered in completed form to the prospective seller or transferor by the prospective purchaser, lessee, or transferee.

        (h-1) Completion of certified firearms training course.- A person is not required to complete a certified firearms training course under subsection (h) (2) (ix) of this section and § 445 (b) (4) of this subheading if the person:

                    (1) Has completed a certified firearms training course required under subsection (h) (2) (ix) of this section and § 445 (b) (4) of this subheading;

                    (2) Is a law enforcement officer of the State or any local law enforcement agency in the State;

                    (3) Is a member, retired member,or honorably discharged member of the armed forces of the United States or National Guard;

                    (4) Is a member of an organization that is required by federal law or regulations governing their specific business or activity to maintain handguns and applicable ammunition; or

                    (5) Has been issued a permit to carry a handgun under § 36E of this article.

    (i) Investigation of applicant. - The Secretary may request the assistance of the Police Commissioner of Baltimore City, the chief of police in any county maintaining a police force, or the sheriff in a county not maintaining a police force and shall promptly upon receipt of an application to purchase, rent, or transfer conduct an investigation in order to determine the truth or falsity of the information supplied and statements made in the application. If it be thereupon determined that any false information or statement has been supplied or made by the applicant, that the application has not been properly completed, or that written notification from the applicant's licensed attending physician has been received stating that the applicant is suffering from a mental disorder or disorders and is a danger to himself or herself or to others, the Secretary shall notify the prospective seller, lessor, or transferor, in writing, within seven days from the date the executed application to purchase or transfer was forwarded by certified mail or facsimile machine, of his disapproval of the application. Written notification of such disapproval shall be thereafter forwarded by the Secretary to the prospective purchaser, lessee, or transferee. The date upon which the executed application to purchase, rent, or transfer was forwarded by certified mail or by facsimile machine to the Secretary by the prospective seller, lessor, or transferor shall be considered as the first day of the seven-day period allowed for notice of disapproval to the prospective seller, lessor, or transferor. If the seventh day of the seven-day period allowed for the notice of disapproval shall fall on a Sunday or legal holiday, the computation period shall be extended to the first day next following, which is neither a Sunday nor a legal holiday.

    (j) Limitations on sale. -
        (1) No regulated firearms dealer or person shall sell, rent, or transfer a regulated firearm to an applicant whose application has been placed on hold because of an open disposition of criminal proceedings against the applicant or disapproved, unless such disapproval has been subsequently withdrawn by the Secretary or overruled by the action of the courts pursuant to subsection (k) of this section.

        (2) An approved application is valid only for the purchase, rental, or transfer of the regulated firearm listed in the application.

    (k) Hearing; judicial review. -
        (1) Any prospective purchaser, lessee, or transferee aggrieved by the action of the State Police may request a hearing within 30 days from the date when written notice was forwarded to the aggrieved person by writing to the Secretary, who shall grant the hearing within fifteen days of the request.

        (2) The hearing and subsequent proceedings of judicial review, if any, thereupon following shall be conducted in accordance with the provisions of the Administrative Procedure Act.

        (3) The hearing shall be held in the county of the legal residence of the aggrieved person.

    (1) Notice of completed transaction. - Any regulated firearms dealer or person who sells, rents, or transfers a regulated firearm in compliance with this subtitle shall forward a copy of the written notification of such completed transaction, within seven days from the date of delivery of the regulated firearm, to the Secretary, whose duty it shall be to maintain a permanent record of all such completed sales, rentals, and transfers of regulated firearms in the State. The notification shall contain an identifying description of the regulated firearm sold, rented, or transferred including its caliber, make, model, manufacturer's serial number, if any, and any other special or peculiar characteristics or marking by which the regulated firearm may be identified.

    (m) Sale must be completed within 90 days. -
        (1) A regulated firearms dealer or person shall complete the sale, rental, or transfer of a regulated firearm within 90 days of the date the application of the prospective purchaser, lessee, or transferee was stamped by the Secretary as not being disapproved.

        (2) A regulated firearms dealer or person shall within 7 days, return to the Secretary any application for which the sale, rental, or transfer of a regulated firearm was not completed within 90 days of the date the application was stamped by the Secretary as not being disapproved. All such applications returned to the Secretary shall be voided as an incomplete sale, rental, or transfer.

    (n) Construction of section. - Nothing in this section shall be construed to affect sales and/or transfers for bona fide resale in the ordinary course of business of a person duly licensed under § 443 of this subtitle, or sales, rentals, transfers, and/or the use of regulated firearms by any person authorized or required to sell, rent, transfer, and/or use regulated firearms as part of his or her duties as a member of any official police force or other law enforcement agency, the armed forces of the United States, including all official reserve organizations, or the Maryland National Guard. (1966, ch. 502, § 1; 1967, ch. 41; 1973, ch. 651, § 12; 1974, ch. 372; 1975, ch. 705; 1989, ch. 428; 1990, ch. 6, § 2; ch. 98; 1992, ch. 22, § 1; ch. 68, §§ 1, 2; 1993, ch. 5, § 1; 1994, ch. 165, § 3; ch. 166, § 3; 1995, ch. 3, § 2; 1996, ch. 561, § 2; ch. 562, § 2; 2000, ch 2.)

    (a) Purchase limited to one regulated firearm; exceptions. -
        (1) Except as provided in this subsection, a person may not purchase more than one regulated firearm in a 30-day period.

        (2) The provisions of this subsection do not apply to:

            (i) A law enforcement agency;

            (ii) An agency duly authorized to perform law enforcement duties;

            (iii) State or local correctional facilities;

            (iv) A private security company licensed to do business within the State;

            (v) The purchase of antique firearms as defined in § 441 of this article;

            (vi) Purchases by a licensed firearms dealer;

            (vii) The exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement; or

            (viii) A person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately, if:

                1. The person provides the licensed regulated firearms dealer with a copy of the official police report or an official summary of the report a copy of which shall be attached to the application to purchase or transfer a regulated firearm;

                2. The official police report or official summary of the report contains the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, the date of the loss or theft, and the date which the loss or theft was reported to the law enforcement agency; and

                3. The date of the loss or theft as reflected on the official police report or official summary of the report occurred within 30 days of the person's attempt to replace the regulated firearm.

    (b) Purchase of more than one regulated firearm. -
        (1) Upon application for a multiple purchase to and approval by the Secretary, purchases in excess of one regulated firearm in a 30-day period may be made under the following circumstances:

            (i) The purchase of the regulated firearms is for a private collection or is a collector series;

            (ii) The purchase of the regulated firearms is a bulk purchase from an estate sale;

            (iii) The purchase of not more than two regulated firearms is a multiple purchase for the purpose of taking advantage of a regulated firearms dealer's discounted price available only for a multiple purchase, provided that the purchaser is prohibited from purchasing a regulated firearm the following 30-day period unless approved for a multiple purchase under item (i) or (ii) of this paragraph; or

            (iv) Other similar purposes.

        (2) The application shall:

            (i) Contain a list of the regulated firearms to be purchased or transferred;

            (ii) State the purpose of the purchase in excess of one regulated firearm in a 30-day period;

            (iii) Be witnessed by a regulated firearms dealer or designated law enforcement agency; and

            (iv) Be signed under the penalty of perjury by the applicant.

    (c) Application for purchase of more than one regulated firearm. - The application for a multiple purchase of regulated firearms shall be attached to a completed application to purchase a regulated firearm and forwarded to the Secretary by a licensed regulated firearms dealer or designated law enforcement agency.

    (d) Background investigation. - Upon receipt of the application to purchase a regulated firearm and the application for a multiple purchase, the Secretary shall complete a background investigation as defined in § 442 of this subtitle.

    (e) Sale to disapproved applicant prohibited. - A dealer or person may not sell, rent, or transfer any regulated firearms to a person whose application has been placed on hold because of an open disposition of criminal proceedings against the applicant or disapproved, unless the hold or disapproval has been subsequently withdrawn by the Secretary or overruled by actions of the courts. (1996, ch. 561, § 2; ch. 562 § 2; 1997, ch. 14, § 1.)
 
 

    Since October 1, 1996, private individuals that wish to transfer or sell a regulated firearm/handgun to another private individual now must adhere to Maryland's Gun Violence Act [Article 27, Section 442 (d)] prior to any transfer or sale.

ARTICLE 27, SECTION 442 (d) of MARYLAND'S GUN VIOLENCE ACT MANDATES THE FOLLOWING (Refer to Section Two, Page 16, for full text of Article 27, Section 442 of the Annotated Code of Maryland. ):

    Effective October 1, 1996, any person who is not a licensed regulated firearms dealer may not sell, rent, transfer or purchase any regulated firearm until seven days have elapsed from the time an application to purchase, rent, or transfer has been completed in triplicate by the prospective transferor and the prospective purchaser and the original copy forwarded to the Licensing Division by a licensed regulated firearms dealer or designated law enforcement agency.

    The prospective seller of a regulated firearm (handgun) to be sold, and prospective purchaser must go to a participating licensed regulated firearms dealer or a designated law enforcement agency (in Carroll County, Maryland State Police) to conduct the secondary sale. The dealer or designated law enforcement agency shall:

    (1) Ensure both parties are Maryland residents;

    (2) Review and verify the applicant information is correct;

    (3) Review and verify the seller information is correct;

    (4) Review and verify the regulated firearms information is correct;

    (5) Ensure the application is complete and legible;

    (6) Ensure the applicant understands the certification they are signing;

    (7) Ensure the applicant and seller sign Section 5 of the application;

    (8) Collect the $10 application fee;

    (9) Sign and date the application as the reviewer; and

    (10) Forward the application, with the $10 application fee attached, to the Licensing Division for processing.

    A dealer who conducts a secondary sale of a regulated firearm may charge a processing fee not to exceed $20. The dealer must forward the application by certified mail on the same day he conducted the secondary sale.

    It is imperative that anytime you resell or transfer a regulated firearm (handgun), that you go through this process or you are subject to arrest and prosecution.

    In Carroll County, the designated law enforcement agency is the Maryland State Police. When you arrive at the State Police installation in order to transfer a handgun, DO NOT TAKE THE HANDGUN INSIDE; the Maryland State Police supervisor will provide all instructions.

    The Maryland State Police or the firearms dealer will ensure that the handgun that you propose to transfer is also permitted under the existing Handgun Roster Board's approved handgun list.
 
 

    Article 27, Section 442 (b), prohibits a person from engaging in a "Straw Purchase". A "Straw Purchase" is defined by Maryland law as "any sale of a regulated firearm (handgun) where an individual uses another person (straw purchaser) to complete the application to purchase a regulated firearm (handgun), take initial possession of that firearm, and subsequently transfer that firearm to the individual". Anyone participating in a "Straw Purchase", if convicted, would face a potential penalty of $25,000 or 10 years incarceration or both.

    This situation most frequently occurs when a criminal or someone that is currently disqualified from possessing or purchasing a handgun persuades another person to make the purchase for him or her. (Refer to Section Five, Page 165 for full text of Article 27, Section 442(b), of the Annotated Code of Maryland.)

    The "Straw Purchase" should not be confused with the "gift" situation, where you may want to give a person a handgun as a gift, or gift certificate; this is legal if the person receiving the gift can lawfully possess or purchase a handgun. If you plan on giving a handgun as a "gift", you must tell the firearms dealer that it is a "gift" and identify the recipient. Once this occurs, the firearms dealer will then inform you of the process wherein you and the recipient of the "gift" will have to personally appear at the firearms dealer's location and then comply with the previously-discussed handgun purchase procedures, as set forth in Article 27, Section 442 (2) unless you only purchase a gift certificate, wherein only the recipient of the gift must comply with the aforedescribed legal purchase requirements. (Refer to Section Five, page 165, for full text of Article 27, Section 442 (2), of the Annotated Code of Maryland.)

    If you or someone in your family inherits a handgun, Article 27, Section 441A (7), requires the heir (recipient or parent or guardian if heir is a minor) to complete an application for purchase or transfer of a handgun (MSP Form 77R) and then forward it to the Secretary of the State Police or the Secretary's designee. (Refer to Section Five, page 165, for full text of Article 27, Section 441A(7), of the Annotated Code of Maryland.)

    (a) Temporary transfer permit. -
        (1) (i) A person who displays a regulated firearm for sale or transfer from a table or fixed display at a gun show shall first obtain a temporary transfer permit from the Secretary.

            (ii) The cost of an initial temporary transfer permit each calendar year is $10.

            (iii) An additional temporary transfer permit during the same calendar year shall be issued without charge.

            (iv) A person may not receive more than five temporary transfer permits during a single calendar year.

            (v) A temporary transfer permit shall be clearly labeled "temporary" and shall include the statement: "This is not a license to engage in the business of selling firearms."

            (vi) The application for a temporary transfer permit shall contain any information that is necessary for the Secretary to conduct a computer background investigation.

            (vii) Every application for a temporary transfer permit shall bear the following statement: "Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years or a fine of not more than $5,000 or both."

        (2) (i) The Secretary shall conduct an investigation to determine the truth or falsity of the information supplied, and the statements made in the application for a temporary transfer permit.

            (ii) If there is no reason to disapprove the application for a temporary transfer permit, the Secretary shall issue the permit within 7 days of the date of this application.

        (3) The Secretary shall forward written notification of the disapproval to the applicant, if it is determined that:

            (i) The application is improperly completed;

            (ii) Any false information has been supplied; or

            (iii) A false statement has been made.

        (4) The temporary transfer permit shall be placed in public view as part of any display.

        (5) Any person who holds a valid regulated firearms dealer's license issued under § 443 of this article is exempt from the requirements of this subsection.

    (b) Sale or transfer governed by §§ 442 and 442A. - Any sale or transfer of a regulated firearm from a table or a fixed display at a gun show shall be governed by the provisions of §§ 442 and 442A of this article.

    (c) Displays must comply with § 443. - Any person who, in any calendar year, displays a regulated firearm for sale, trade, or transfer at more than five gun shows shall comply with § 443 of this article. (1993, ch. 199; 1994, ch. 3, § 1; ch. 165, § 3; ch. 166, § 3; 1995, ch. 3, § 2; 1996, ch. 561, § 2; ch. 562, § 2.)
 
 

    (a) Rights of subordinate jurisdictions. - All restrictions imposed by the laws, ordinances or regulations of all subordinate jurisdictions within the State of Maryland on possession or transfers by private parties of regulated firearms are superseded by this section and the State of Maryland hereby preempts the right of such jurisdictions to regulate the possession and transfer of regulated firearms.

    (b) Sale, rent, or transfer by dealer or person - In general. - A dealer or person may not sell, rent, or transfer a regulated firearm to any person whom he knows or has reasonable cause to believe:

        (1) Has been convicted of:

            (i) A crime of violence;

            (ii) Any violation classified as a felony in this State or any conspiracy to commit any crimes established by those sections;

            (iii) Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years; or

            (iv) Any violation classified as a common law offense where the person received a term of imprisonment of more than 2 years.

        (2) Is:

            (i) A fugitive from justice;

            (ii) A habitual drunkard;

            (iii) Addicted to or a habitual user of any controlled dangerous substance or substances;

            (iv) Suffering from a mental disorder as defined in § 10-101 (f) (2) of the Health-General Article and has a history of violent behavior against another person or self, or has been confined for morethan 30 consecutive days to a facility as defined in § 10-101 of the Health-General Article, unless the person possesses a physician's certification that the person is capable of possessing a regulated firearm without undue danger to the person or to others;

            (v) Visibly under the influence of alcohol or drugs;

            (vi) Under 21 years of age;

            (vii) A participant in a "straw purchase" as defined in § 441 of this article; or

            (viii) A respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article.

    (c) Same - Minors. - A person may not sell, rent, or transfer:

        (1) Ammunition solely designed for a regulated firearm to a person who is under 21 years of age; or

        (2) A firearm, other than a regulated firearm, ammunition for a firearm, pepper mace, or other deadly weapon to a minor.

    (d) Restrictions on possession - In general. - A person may not possess a regulated firearm if the person:

        (1) Has been convicted of:

            (i) A crime of violence;

            (ii) Any violation classified as a felony in this State;

            (iii) Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years; or

            (iv) Any violation classified as a common law offense where the person received a term of imprisonment of more than 2 years.

        (2) Is:

            (i) A fugitive from justice;

            (ii) A habitual drunkard;

            (iii) Addicted to or a habitual user of any controlled dangerous substances;

            (iv) Suffering from a mental disorder as defined in § 10-101 (f) (2) of the Health-General Article and has a history of violent behavior against another person or self, or 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 possesses a physician's certification that the person is capable of possessing a regulated firearm without undue danger to the person or to others; or

            (v) A respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article.

        (3) Is less than 30 years of age at the time of possession and has been adjudicated delinquent by a juvenile court for committing:

            (i) A crime of violence;

            (ii) Any violation classified as a felony in this State; or

            (iii) Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years.

    (e) Same - Minors. -

        (1) Except as provided in paragraph (2) of this subsection, a person who is under 21 years of age 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 regulated firearm ammunition if the person is under 21 years of age and is:

                1. Under the supervision of a person at least 21 years of age who is not prohibited by State or federal law from possessing firearms; 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 person who is a member of the armed forces of the United States or of the national guard while performing official duties;

            (iv) The temporary transfer or possession of a regulated firearm or regulated firearm ammunition if the person is under 21 years of age and 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 purposes and has been issued a permit under § 36E of this article; or

            (vi) The possession of a firearm or ammunition for the purpose of 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. (An. Code, 1951, § 541; 1941, ch. 622, § 531D; 1966, ch. 502, § 1, 1973, ch. 651, § 12; 1975, ch. 708; 1988, ch. 690; 1989, ch. 5, § 1; ch. 428; 1990, ch. 6, § 2; 1991, ch. 613; 1996, ch. 10, § 21; ch. 561, § 2; ch. 562, § 2; 1997, ch. 14, § 1; 2000, ch.2.)
 
 

    Under current Federal Regulations and the Brady Act, there are additional restrictions prohibiting the sale, transfer, or possession of a handgun/firearm. The additional Federal restrictions are as follows:

    IN MARYLAND IF ANY ONE OF THE SIX BELOW RESTRICTIONS ARE APPLICABLE TO YOUR SITUATION, THEN YOU WILL NOT BE ELIGIBLE TO PURCHASE A FIREARM, TO INCLUDE HANDGUN, IN THE STATE OF MARYLAND.

    (1) If you are under indictment or information in any Court for a crime for which the Judge could imprison you for more than one year.

    (2) If you were discharged from the Armed Forces under "Dishonorable Conditions".

    (3) If you are an alien illegally in the United States.

    (4) If you have ever renounced your United States citizenship.

    (5) If you have been convicted of a crime for which the Judge could have given you a sentence in excess of one year, even if you received a lesser sentence.

    (6) If you have been convicted of a misdemeanor crime of Domestic Violence. This includes any misdemeanor conviction involving the use of or attempted use of physical force committed by a current or former spouse, parent, or guardian of
the victim or by a person with a similar relationship with the victim. (Restrictions in 5 and 6 do not apply if you have been pardoned, if the conviction was set aside or expunged, or your civil rights were restored.)
 
 

    (1) The misuse of handguns is a leading contributor to juvenile violence and fatalities.

    (2) Safely storing and securing firearms away from children will help prevent the unlawful possession of handguns by juveniles, stop accidents, and save lives.

    (3) Federal law prohibits, except in certain limited circumstances, anyone under 18 years of age from knowingly possessing a handgun, or any person from selling, delivering,or otherwise transferring a handgun to a person under 18.

    (4) A knowing violation of the prohibition against selling, delivering, or otherwise transferring a handgun to a person under the age of 18 is, under certain circumstances, punishable by up to 10 years in prison.
 
 

    (x) (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile -

        (A) a handgun; or

        (B) ammunition that is suitable for use only in a handgun.

    (2) It shall be unlawful for any person who is a juvenile to knowingly possess -

        (A) a handgun; or

        (B) ammunition that is suitable for use only in a handgun.

    (3) This subsection does not apply to -

        (A) A temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile -

            (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

            (ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except --

                (I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or

                (II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;

            (iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and

            (iv) in accordance with State and local law;

        (B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;

        (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or

        (D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.

    (4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.

    (5) For purposes of the subsection, the term "juvenile" means a person who is less than 18 years of age.

    (6) (A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings.

        (B) The court may use the contempt power to enforce subparagraph (A).

        (C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.

    (6) (A)(i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation.

               (ii) A juvenile is described in this clause if -

                    (I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(x)(2); and

                    (II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense.

        (B) A person other than a juvenile who knowingly violates section 922(x)--

            (i) shall be fined under this title, imprisoned not more than 1 year, or both; and

            (ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both.
 
 

    If you have just been denied by a federally licensed firearms dealer from receiving a gun because of a record in the FBI's National Instant Criminal Background Check System (NICS), you may appeal as provided in the NICS Regulations, Correction of Erroneous of Information (28 CFR Part 25.10) and Subsection 103(f) and (g) and Section 104 of the permanent provision of the Brady Handgun Violence Prevention Act of the Brady Law.

The following procedures are steps you need to follow for a NICS appeal after denial by the FBI NICS Operations Center. (Procedures for appealing denials by the states acting as Points of Contact will be provided separately by those states.)

STEP 1

1. You may request the reason(s) for your denial by writing to:

Federal Bureau of Investigation, NICS Operations Center,
Research and Analysis, P.O. Box 4278,
Clarksburg, West Virginia, 26302-4278.

You must include your complete mailing address in the request. If you do not include your mailing address, the NICS Operations Center will be unable to process your appeal.

The NICS Transaction Number (NTN) is a tracking number that is directly linked to your denial. You must include the NTN with your request. You should obtain the NTN from the dealer where you are purchasing the firearm.

2. The NICS Operations Center will respond to your request by providing the reason(s) for your denial within five business days after receiving your request. This response will indicate whether you must provide additional information to support any appeal.

Step 2

    The following outlines the steps you must take to either challenge your record or make a claim that the record pertains to someone other than you.

Questions of Identity

    You may have your fingerprints recorded at your local law enforcement department. Submit your fingerprints and other requested information to the NICS Operations Center. In some cases involving criminal records, you may be asked to submit your fingerprints to establish if you are the person who was actually arrested/convicted.

Record Challenges

    1. After receiving the reason for your denial, you may write to the NICS Operations Center to challenge the accuracy of the record or declare that your rights to obtain a firearm have been restored. If you have additional information to assist the NICS Operations Center in correcting the record, attach the information to your written response. The NICS Operations Center will correct the record and provide you with written approval to proceed with the transfer of your firearm.

    2. If the NICS Operations Center is unable to resolve the appeal, you will be provided information to contact the agency which created the record. You may then apply for correction of the record directly with that agency. In this case, you must follow procedures established by the state or federal agency that maintains the original record. If your record is determined to be invalid or incorrect, the originating agency will correct your record and notify you. You must notify the NICS Operations Center of the record correction. The NICS Operations Center will verify the correction and provide you with written approval for the transfer of your firearm.

        a. You may submit any information to the originating agency which would assist the agency in correcting, clarifying, or verifying your record.

        b. If you have "multiple" disqualifying records you wish to challenge, you may submit an appeal to each originating agency.

    You must present your written approval to the firearms dealer who performed your initial background check. If less than 30 days have passed since the initial NICS check, and if there are no other disqualifying records on which the denial was based, the NICS Operations Center will notify the firearms dealer that the transfer may proceed. If more than 30 days have passed since the initial NICS check, the firearms dealer must recheck the NICS, without charging a fee, before allowing the sale to continue.

    You may contest the accuracy or validity of a disqualifying record by bringing an action against the state or political subdivision responsible for providing the information used to create a record or to add to an existing record, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that erroneous information be corrected or the transfer be approved.
 
 

1. Q. What is "permanent Brady"?

        A. The term "permanent Brady" refers to the permanent provisions of the Brady law, found in section 922(t) of the Gun Control Act.

2. Q. Does permanent Brady require a 5-day waiting period before a firearm can be transferred?

        A. No. Instead of waiting 5 days for a background check through a local law enforcement officer, licensees will initiate a background check through the National Instant Criminal Background Check System (NICS). For the most part, these background checks will be immediate. In some circumstances, however, licensees will have to wait up to three business days before getting a response from NICS.

3. Q. Who must comply with the requirements of permanent Brady?

        A. Federally licensed firearms importers, manufacturers, and dealers must comply with permanent Brady prior to the transfer of any firearm to a nonlicensed individual.

4. Q. When do the provisions of permanent Brady take effect?

        A. Permanent Brady goes into effect on November 30, 1998. Accordingly, any transfer occurring on or after November 30, 1998, is subject to the requirements of permanent Brady.

5. Q. Is NICS operated by ATF?

        A. No. NICS is operated by the Federal Bureau of Investigation (FBI).

6. Q. Do all NICS checks go through the FBI's NICS Operations Center?

        A. No. In many States, licensees will initiate NICS checks through the State Point of Contact (POC). In some cases, the State POC is also the agency that does background checks for firearms transactions under State law.

7. Q. If the State is acting as a POC, does that mean that all NICS checks go through the POC rather than the FBI?

        A. That depends on the State. In some States, the POC will conduct background checks for all firearms transactions. In other States, licensees must contact the POC for handgun transactions and the FBI for long gun transactions. In some States, NICS checks for pawn redemptions will be handled by the FBI.

8. Q. How does a licensee know whether to contact the FBI or a State POC in order to initiate a NICS check?

        A. Prior to November 30, 1998, ATF sent an open letter to licensees in each State, providing the licensees with instructions as to how to initiate a NICS check in their State.

9. Q. Is there a charge for NICS checks?

        A. The FBI will not charge a fee for conducting NICS checks. However, States who act as POCs may charge a fee consistent with State law.

10. Q. Must licensees enroll with the FBI to get access to NICS?

        A. Licensees must be enrolled with the FBI before they can initiate NICS checks through the FBI's NICS Operations Center. Licensees who have not received an enrollment package from the FBI should call the FBI NICS Operations Center at (304) 625-2750 and ask that an enrollment package be sent to them. Licensees in States where a State agency is acting as a POC should contact the State for enrollment information.

11. Q. Does permanent Brady apply to the transfer of long guns as well as handguns?

        A. Yes.

12. Q. Does permanent Brady apply to the transfer of antique firearms?

        A. No. Licensees need not comply with permanent Brady when transferring a weapon that meets the Gun Control Act's definition of an "antique firearm".

13. Q. Does permanent Brady apply to the transfer of firearms between two licensees?

        A. No. Permanent Brady only applies when a licensed importer, manufacturer, or dealer is transferring a firearm to a nonlicensee.

14. Q. Must licensed collectors comply with the Brady law prior to transferring a curio or relic firearm?

        A. No. Transfers of curio or relic firearms made by licensed collectors are not subject to the requirements of the Brady law.

15. Q. Is the transfer of a firearm by a licensed dealer to a licensed collector subject to the Brady law?

        A. The Brady law does not apply to the transfer of a curio or relic firearm to a licensed collector. However, a licensed collector who acquires a firearm other than a curio or relic firearm from a licensee would be treated like any other nonlicensee, and the transfer would be subject to Brady requirements.

16. Q. Must a licensed importer, manufacturer or dealer comply with the Brady law when selling firearms from his or her own personal collection?

        A. No, provided the licensee has maintained the firearm as part of his or her personal collection for at least one year.

17. Q. Do the provisions of permanent Brady apply to a licensee's loan or rental of a firearm to a nonlicensee?

        A. If the firearm is loaned or rented for use on the licensee's premises, the transaction is not subject to the Brady law. However, if the firearm is loaned or rented for use off the premises, the licensee must comply with permanent Brady.

18. Q. Must licensees conduct NICS checks for sales of firearms to nonlicensees at gun shows?

        A. Yes. A licensee may not transfer a firearm to a nonlicensee at a gun show without first complying with the requirements of permanent Brady.

19. Q. Is the redemption of a pawned firearm subject to permanent Brady?

        A. Yes. Unlike interim Brady, permanent Brady does not contain an exemption for the return of a firearm to the individual from whom it was received. Accordingly, the redemption of a pawned firearm is considered a transfer subject to permanent Brady.

20. Q. What should a licensed pawnbroker do with a firearm he or she has in pawn when the NICS check results in a "denied" transaction?

        A. The licensee cannot transfer the firearm to the transferee without violating the law and placing the transferee in violation of the law. Licensees with additional questions should contact their local ATF office.

21. Q. If an individual repeatedly pawns the same firearm, is the FFL required to do a NICS check each time the firearm is redeemed?

        A. Yes. The fact that the transferee has redeemed the firearm before does not excuse the pawnbroker from complying with the provisions of permanent Brady.

22. Q. Can licensed pawnbrokers conduct NICS checks prior to accepting a firearm in pawn?

        A. Yes. The law provides that a NICS check maybe done, on an optional basis, prior to accepting a firearm in pawn. If the check results in a "denied" response, the licensee is required to notify local law enforcement officials within 48 hours after receipt of the "denied" response.

23. Q. If a pawnbroker conducts an optional NICS check prior to receiving a firearm in pawn, should the owner of the firearm complete a Form 4473?

        A. ATF is developing a new form to cover these transactions. Until this form is distributed, ATF suggests that licensees should have the owner complete Section A of the Form 4473, record the results of the NICS check on the form, and retain the form in their records for at least 5 years. These issues were addressed in greater detail in an open letter ATF sent to pawnbrokers.

24. Q. What should a licensed pawnbroker do when he or she gets a "denied" response from an optional NICS check conducted prior to the receipt of a firearm in pawn?

        A. If the licensee has taken possession of the firearm, he or she may not return it to the individual offering it for pawn. The licensee is required to notify local law enforcement officials within 48 hours after receipt of the "denied" response.

25. Q. If a licensed pawnbroker conducts a NICS check prior to accepting a firearm in pawn, and gets an "approved" response from NICS, must the pawnbroker conduct another NICS check if the firearm is redeemed from pawn? What if it is redeemed from pawn the same day?

        A. The law provides that another NICS check must be done at the time of redemption, regardless of how recently the pre-pawn NICS check was conducted. Even if the firearm is redeemed the same day, a separate NICS check must be conducted at the time of redemption.

26. Q. A firearm is delivered to a licensee by an unlicensed individual for the purposes of repair. Is the return of the repaired firearm subject to the requirements of the Brady law? Would the transfer of a replacement firearm from the licensee to the owner of the damaged firearm be subject to the requirements of permanent Brady?

        A. Neither the transfer of a repaired firearm nor the transfer of a replacement firearm would be subject to the requirements of the Brady law. Furthermore, the regulations provide that a Form 4473 is not required. However, the licensee's permanent acquisition and disposition records should reflect the return of the firearm or the transfer of a replacement firearm.

27. Q. Is a licensee's return of a consigned firearm to an unlicensed individual subject to permanent Brady?

        A. Yes.

28. Q. Do the requirements of permanent Brady apply to sales of firearms to law enforcement officials for official use?

        A. Transfers of firearms to law enforcement officials for their official use are exempt from the provisions of the Brady law when the transaction complies with the conditions set forth in the regulations at 27 CFR 178.134. In general, the purchaser must provide a certification on agency letterhead, signed by a person in authority within the agency (other than the officer purchasing the firearm), stating that the officer will use the firearm in official duties, and that a records check reveals that the purchasing officer has no convictions for misdemeanor crimes of domestic violence. If these conditions are met, the purchasing officer is not required to complete a Form 4473 or undergo a NICS check. However, the licensee must record the transaction in his or her permanent records, and retain a copy of the certification letter.

29. Q. Do the requirements of the Brady law apply to the sale of a firearm to a law enforcement official for his or her personal use?

        A. Yes. In such transactions, the law enforcement official is treated no differently from any other unlicensed transferee, and a NICS check must be conducted.

30. Q. Are there exceptions to the Brady law's requirement for a NICS check prior to a licensee's transfer of a firearm to an unlicensed individual?

        A. Such transfers are exempt from the requirement for a NICS check in three situations. These include transfers (a) to buyers having a State permit that has been recognized by ATF as an alternative to a NICS check; (b) of National Firearms Act weapons approved by ATF; and (c) certified by ATF as exempt because compliance with the NICS check requirement is impracticable.

31. Q. What steps must be followed by an FFL prior to transferring a firearm subject to the requirements of permanent Brady?

        A. The following steps must be followed prior to transferring a firearm:

            1. The licensee must have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.

            2. The licensee must verify the identity of the transferee through a Government-issued photo identification.

            3. The licensee must contact NICS (through either the FBI or a State POC). The licensee will get either a "proceed," "denied" or "delayed" response from the system. If the licensee gets a "delayed" response and there is no additional response from the system, the licensee may transfer the firearm after three business days have elapsed. Of course, the licensee must still comply with any waiting period requirements under State law.

32. Q. What form of identification must a dealer obtain from a purchaser under permanent Brady?

        A. The identification document presented by the purchaser must have a photograph of the purchaser, as well as the purchaser's name, address, and date of birth. The identification document must also have been issued by a governmental entity for the purpose of identification of individuals. Examples of acceptable identification documents are driver's licenses and passports.

33. Q. Under permanent Brady, may a licensee transfer a firearm to a nonlicensed individual who does not appear in person at the licensed premises?

    A. In any transaction that is subject to the requirement for a NICS check, the firearm may only be sold over-the-counter. Unless the purchaser appears in person at the licensed premises, the licensee cannot comply with the requirement in the Brady law that the identity of the purchaser be verified by means of a Government-issued photo identification document.

34. Q. If no NICS check is required, may a licensee transfer a firearm to a nonlicensed individual who does not appear in person at the licensed premises?

    A. Yes, assuming the transaction otherwise complies with Federal law. For example, a licensee may still ship firearms to out-of-state law enforcement officials for official use, as long as the transaction complies with the alternate procedure set forth in the regulations. Furthermore, licensees may ship firearms intrastate to State residents who have valid permits that have been recognized as alternatives to the NICS check requirements, in compliance with the procedures set forth in 27 CFR 178.96(b).

35. Q. Do gun purchasers have to fill out a Brady Form under permanent Brady?

    A. No. The Brady Form and ATF Form 4473 have been combined into one form, a revised Form 4473.

36. Q. Can licensees continue to use old versions of ATF Form 4473 on or after November 30, 1998?

    A. Beginning November 30, 1998, licensees should use the forms dated 10/98. The old forms are obsolete. Licensees who have not yet received their new forms by November 30, 1998, should contact their local ATF office to get copies of the form faxed to them. In addition, licensees may order copies of ATF Form 4473 from the ATF Distribution Center.

37. Q. Is the transferee required to provide his or her social security number on the ATF Form 4473?

    A. No. This information is solicited on an optional basis. However, providing this information will help ensure the lawfulness of the sale and avoid the possibility that the transferee will be incorrectly identified as a felon or other prohibited person.

38. Q. Will NICS provide an instant response?

    A. NICS will not always provide an instant response. Licensees will receive either a "proceed", "denied" or "delayed" response from NICS. If a "proceed" response is received, the transfer may proceed. If a "denied" response is received, then the transfer may not proceed. If a "delayed" response is received, then the transfer must be delayed until a final response is received from NICS, or until after the lapse of  three business days.

39. Q. For the purposes of permanent Brady, what is meant by a "business day"?
    A. A business day is defined as any day on which State offices are open.

40. Q. If a licensee contacts NICS on Thursday, December 3, 1998, and gets a "delayed" response, when may the licensee transfer the firearm if he or she receives no further response from NICS?

    A. The firearm may be transferred on Wednesday, December 9, 1998. Assuming State offices are open on Friday, Monday, and Tuesday, and closed on Saturday and Sunday, 3 business days would have elapsed at the end of Tuesday, December 8, 1998. Therefore, the licensee may transfer the firearm at the start of business on Wednesday, December 9, 1998. (The 3 business days do not include the day the NICS check is initiated.)

41. Q. What should a licensee do if he or she gets a "denied" response from NICS or a State POC after three business days have elapsed, but prior to the transfer of the firearm?

    A. If the licensee receives a "denied" response at any time prior to the transfer of the firearm, he or she may not transfer the firearm.

42. Q. What should an FFL tell a transferee who is denied by NICS?

    A. The FFL should inform the transferee that the NICS check indicates that the transfer of the firearm should be denied, but that it does not provide a reason for the denial. The FFL should provide the transferee with the NICS or State Transaction Number and an appeals brochure. The FBI will provide FFLs with brochures that outline the transferee's appeal rights and responsibilities.

43. Q. If a transferee receives a "denied" response from NICS, can the transferee find out why he or she was denied?

    A. Yes. Although the FFL will not know the reason for the denial, the transferee may contact the FBI or the State POC in writing to request the reason for the denial.

44. Q. What information do FFLs have to record on ATF Form 4473 once they hear back from NICS or the State POC?

    A. FFLs must record any proceed, delayed, or denied response received, as well as any transaction number provided.

45. Q. What should licensees do if no transaction number is provided?

    A. The FBI's NICS Operations Center will always provide a transaction number at the time of the initial inquiry. Some State POCs may not provide a transaction number for denied transactions. If a State POC does not provide a transaction number for a denied transaction, then the licensee should just record the response without a transaction number. Licensees should note, however, that a transaction number is required if the firearm is being transferred within three business days of the initiation of a NICS check.

46. Q. Do FFLs have to keep a copy of ATF Form 4473 if the transaction is denied or for some other reason is not completed?

    A. FFLs must keep a copy of each ATF Form 4473 for which a NICS check has been initiated, regardless of whether the transfer of the firearm was completed. If the transfer is not completed, the FFL must keep the Form 4473 for 5 years after the date of the NICS inquiry. If the transfer is completed, the FFL must keep the Form 4473 for 20 years after the date of the sale of disposition.

47. Q. When should FFLs contact NICS?

    A. FFLs should contact NICS after the transferee has completed Section A of the ATF Form 4473.

48. Q. For what period of time is a NICS check valid?

    A. A NICS check is valid for 30 calendar days, as long as it applies to a single transaction. An FFL may not rely on a NICS check that was conducted more than 30 calendar days prior to the transfer of the firearm.

    Example: A NICS check is initiated on December 15, 1998. The FFL receives a "proceed" from NICS. The purchaser does not return to pick up the firearm until January 22, 1999. The FFL must conduct another NICS check before transferring the firearm to the purchaser, and must record the results of the check on the Form 4473.

49. Q. Is a NICS check valid for 30 days from when the check was initiated, or from when the check was initiated, or from when a "proceed" is issued?

    A. The NICS check is valid for 30 days from when the check was initiated.

    Example: A NICS check is initiated on December 15, 1998. The FFL receives a
"proceed" response from NICS on December 17, 1998. The purchaser does not return to pick up the firearm until January 16, 1999. The FFL must conduct another NICS check before transferring the firearm to the purchaser.

    Example: A NICS check is initiated on December 15, 1998. The FFL receives a
"delayed" response from NICS; no further response is received. The purchaser does not return to pick up the firearm until January 16, 1999. The FFL must conduct another NICS check before transferring the firearm to the purchaser.

50. Q. A purchaser places an order for a custom-made firearm, which will not be ready for at least 60 days. Should the NICS check be initiated on the date the order is placed, or the day the firearm is ready for delivery?

    A. If the licensee knows that it will be more than 30 days before the firearm is ready, the licensee may choose to wait until the firearm is ready for delivery to have the purchaser complete Section A of the Form 4473 and contact NICS for a background check. If the purchaser completes Section A of the Form 4473 on the date the order is placed, and a NICS check is initiated on that day, the licensee will have to conduct a second NICS check prior to transferring the firearm.

51. Q. Can one NICS check cover two or more separate firearms transactions?

    A. No. An FFL must initiate separate NICS checks for separate transactions. However, an individual may purchase several firearms in one transaction.

    Example: A purchaser completes an ATF Form 4473 for a single firearm on February 15, 1999. The FFL receives a "proceed" from NICS that day. The FFL signs the form, and the firearm is transferred. On February 20, 1999, the purchaser returns to the FFL's premises and wishes to purchase a second firearm. The purchase of the second firearm is a separate transaction. Therefore a new NICS check must be initiated by the FFL.

    Example: A purchaser completes ATF Form 4473 for a single firearm on February 15, 1999. The FFL receives a "proceed" from NICS that day. The purchaser does not return to pick up the firearm until February 20, 1999. Before the FFL signs the Form 4473 for the first firearm, the purchaser decides to purchase an additional firearm. The second firearm may be recorded on the same Form 4473, in which case the purchase of the two firearms is considered a single transaction. Therefore, the licensee is not required to conduct a new NICS check prior to transferring the second firearm.

    Example: A purchaser wishes to purchase one rifle and one handgun. State law requires that a background check be conducted on the sales of all handguns. The State is acting as a POC for NICS checks for handgun sales, while the FBI is conducting NICS checks for long gun transactions in that State. To comply with State law, the dealer initiates a background check through the State POC. There is no need to initiate a separate background check through the FBI for the sale of the rifle, since the two firearms are being transferred in one transaction.

52. Q. If no exceptions to the NICS check apply, must an FFL always wait 3 business days before transferring a firearm to a transferee?

    A. No. An FFL may transfer a firearm to a transferee as soon as he or she receives a "proceed" from NICS (assuming that the transaction would be in compliance with State law). However, if the FFL does not receive a final "proceed" or "denied" response from NICS, he or she must wait until three business days have elapsed prior to transferring the firearm.

53. Q. Will a State "instant check" or "point of sale check" system qualify as an alternative to a NICS check?

    A. No. However, many States with their own background check requirements are also acting as POCs for NICS checks.

54. Q. At what point in the transaction is a transferee required to complete and sign ATF Form 4473?

    A. The transferee must complete and sign Section A of the form prior to the initiation of the NICS check. If the firearm is not transferred on the same day that Section A was signed, then the transferee must sign Section C of the form on the date that the transfer occurs, immediately prior to the transfer of the firearm. In this section, the transferee certifies that the answers provided in Section A are still true and correct.

55. Q. What happens if the transferee successfully appeals the NICS denial but more than 30 calendar days have elapsed since the initial background check was initiated?

    A. The FFL must initiate another NICS check before the firearm may be transferred.

56. Q. Are permits to carry concealed firearms included under the permit exception to the NICS check (assuming they meet the other requirements of the exception)?

    A. Yes, the exception includes permits to carry concealed firearms and permits specifically authorizing the purchase of a firearm.

57. Q. How does a licensee know whether a permit may be accepted as an alternative to a NICS check?

    A. Prior to November 30, 1998, ATF sent an open letter to licensees in each State, advising them which permits in that State qualified as alternatives to a NICS check at the time of transfer. Licensees having questions about the open letter should
contact their local ATF office.

58. Q. Does a permit qualify as an alternative to a NICS check if the purchaser is using it to purchase a type of firearm that is not covered by the permit?

    A. Yes, assuming the transaction complies with State law.

    Example: ATF recognizes the permit to purchase a handgun and the concealed weapons permit as alternatives to a NICS check in State A. Any purchaser who displays a permit to purchase a handgun or a concealed weapons permit is not required to undergo a NICS check prior to purchasing a rifle, assuming the transaction complies with State law.

    Example: In that same State, a person with a concealed weapons permit wants to purchase a handgun. State law prohibits the sale of any handgun to a person unless he or she has a permit to purchase. Accordingly, the licensee cannot sell the handgun unless the purchaser has a permit to purchase a handgun.

59. Q. ATF has recognized the concealed weapons permits in State A and State B as valid alternatives to a NICS check. Can a resident of State A use a concealed weapons permits issued by State A to purchase a long gun in State B without undergoing a NICS check?

    A. No. A permit qualifies as a NICS alternative only if it was issued by the State in which the transfer is to take place.

60. Q. ATF's open letter to licensees in State C states that while concealed weapons permits issued by State C were recognized as alternatives to the background check required by interim Brady, concealed weapons permits issued by State C or after November 30, 1998, will not be recognized as alternatives to the NICS check required by permanent Brady. Why will these permits no longer be recognized as Brady alternatives?

    A. The change in the status of the permits is probably due to one of the following factors:

        1) the State does not conduct NICS checks prior to issuing permits; or
        2) the State does not disqualify all permit applicants prohibited from possessing firearms under Federal law.

61. Q. On December 1, 1998, can a licensee accept as a NICS alternative a "grandfathered" concealed weapons permit that was issued by State C on January 1, 1993?

    A. No. The permit must have been issued within the past 5 years.

62. Q. If State law provides that permits are only valid for two years, can a licensee accept as a NICS alternative a permit that was issued four years ago?

    A. No. The permit must be still valid under State law in order to qualify as a NICS alternative.

63. Q. If the State has its own instant check system, must the licensee comply with State law requirements for a background check as well as the Brady law?

    A. Yes. If the State is not acting as a POC for NICS checks, this may involve two telephone calls: one to the FBI's NICS Operations Center, and the other to the State system.

64. Q. If a licensee gets a "proceed" response from NICS, does he or she still have to wait until the expiration of the State waiting period before transferring the firearm?

    A. Yes. Compliance with the Brady law does not excuse a licensee from compliance with State law.

65. Q. If a State is acting as a POC, and State law has separate requirements regarding the amount of time that a licensee must wait before transferring a firearm after contacting the State, should the licensee comply with the State requirements, the Federal requirements, or both?

    A. The licensee must comply with both State and Federal requirements.

    Example: State D is acting as a POC for NICS checks. State law requires a background check prior to the transfer of any firearm. Under State law, the licensee must wait 10 days to get a response from the State. If the licensee has not gotten a response from the State after 10 days, he or she may transfer the firearm. The licensee contacts the State POC for a NICS check and State background check. The licensee must comply with both Federal and State law by waiting 10 days for a response prior to transferring the firearm.

    Example: State E is acting as a POC for NICS checks. State law requires a  background check prior to the transfer of any firearm. Under State law, the licensee may transfer the firearm if he or she gets no final response from the State by the next day. The licensee contacts the State POC for a NICS check, and gets a "delayed" response. Assuming that the licensee gets no further response from the State POC, the licensee must comply with both Federal and State law by waiting until 3 business days have elapsed prior to transferring the firearm.

66. Q. Does an individual licensee have to conduct a NICS check on himself or herself prior to transferring a firearm to his or her own personal collection?

    A. No. The regulations do not require a licensee to complete a Form 4473 prior to transferring a firearm to his or her own personal collection; accordingly, a NICS check is not required either. Such transfers must be recorded in the licensee's bound book.

67. Q. Is a NICS check required for the sale of firearms registered under the National Firearms Act (NFA)?

    A. No, assuming all NFA requirements have been satisfied.

68. Q. An organization without a firearms license wishes to acquire a firearm from a licensee for the purpose of raffling the firearm at an event. How does the licensee comply with permanent Brady?

    A. The licensee must comply with permanent Brady by conducting a NICS check on the transferee. If the licensee wishes to transfer the firearm to the organization, a representative of the organization must complete a Form 4473, and a NICS check
must be conducted on that representative prior to the transfer of the firearm. Alternatively, if the licensee transfers the firearm directly to the winner of the raffle, the winner must complete a Form 4473, and a NICS check must be conducted on the raffle winner prior to the transfer.

    Example: A licensee transfers a firearm to the organization sponsoring the raffle.
The licensee must comply with permanent Brady by requiring a representative of the organization to complete the Form 4473 and undergo a NICS check. Once the firearm has been transferred to the organization, the organization can subsequently transfer the firearm to the raffle winner without a Form 4473 being completed or a NICS check being conducted. This is because the organization is not an FFL; therefore, its transfer of a firearm is not subject to permanent Brady.

    Example: The licensee or his or her representative brings a firearm to the raffle so that the firearm can be displayed. After the raffle, the firearm is returned to the licensee's premises. The licensee must comply with permanent Brady, prior to transferring the firearm directly to the winner of the raffle, by requiring the winner to complete the Form 4473 and undergo a NICS check at the licensee's premises prior to the transfer of the firearm.

    Example: The raffle meets the definition of an "event" at which a licensee is allowed to conduct business under 27 CFR 178.100 (b). The licensee attends the event and transfers the firearm at the event to the winner. The licensee must comply with permanent Brady prior to transferring the firearm to the winner by requiring the winner to complete a Form 4473 and undergo a NICS check.
 
 

    Now that you have your handgun, or if you are thinking of purchasing one, it is critical that you become familiar with Maryland's laws that govern the possession, use, transportation, and storage of your handgun.

    We will begin our discussion by examining Article 27, Section 36B of the Annotated Code of Maryland; as it sets forth the legal requirements in regard to the actual possession, use, transportation and storage of your handgun.

    Any person who shall wear, carry, or transport any handgun, whether concealed or open, upon or about his person, and any person who shall wear, carry, or knowingly transport any handgun, whether concealed or open, in any vehicle traveling upon the public roads, highways, waterways, or airways or upon roads or parking lots generally used by the public in this State shall be guilty of a misdemeanor; and it shall be a rebuttable presumption that the person is knowingly transporting the handgun.

(PENALTY - Misdemeanor - First Offense: $2,500 fine, not less than 30 days nor more than 3 years imprisonment or both.)
 
 

    (1) Nothing in this section shall prevent the wearing, carrying, or transporting of a handgun by:
        (i) law-enforcement personnel of the United States, or of this State, or of any county or city of this State;
        (ii) members of the armed forces of the United States or of the National Guard while in duty or traveling to or from duty;
        (iii) law-enforcement personnel of some other state or subdivision thereof temporarily in this State on official business;
        (iv) any jailer, prison guard, warden, or guard or keeper at any penal, correctional or detention institution in this State; or
        (v) sheriffs of this State or full-time assistant or deputy sheriffs of this State; or
        (vi) temporary or part-time sheriffs' deputies, as to all of whom this exception shall apply only when they are on active assignment engaged in law enforcement; provided, that any such person mentioned in this paragraph is duly authorized at the time and under the circumstances he is wearing, carrying, or transporting the weapon to wear, carry, or transport such weapon as part of his official equipment.

    (2) Nothing in this section shall prevent the wearing, carrying or transporting of a handgun by a person to whom a permit to wear, carry or transport any such weapon has been issued under Section 36E of this article.

    (3) Nothing in this section shall prevent any person from carrying a handgun on his person or in any vehicle while transporting the same to or from the place of legal purchase or sale, or between bona fide residences of the individual, or between his bona fide residence and his place of business, if the business is operated and substantially owned by the individual, or to or from any bona fide repair shop. Nothing in this section shall prevent any person from wearing, carrying, or transporting a handgun used in connection with a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources sponsored firearms and hunter safety class, trapping, dog obedience training class or show or any organized military activity while engaged in, on the way to, or returning from such activity. Nothing in this section shall prevent any bona fide gun collector from moving any part or all of his gun collection from place to place for public or private exhibition. However, while traveling to or from any such place or event referred to in this paragraph, a handgun shall be unloaded and carried in an enclosed case or enclosed holster.

    (4) Nothing in this section shall prevent a person from wearing, carrying, or transporting a handgun within the confines of real estate owned or leased by him or upon which he resides or within the confines of a business establishment owned or leased by him. Nothing in this section shall prevent a supervisory employee from wearing, carrying, or transporting a handgun within the confines of a business establishment in which he is employed during such time as he is acting in the course of his employment and has been authorized to wear, carry, or transport the handgun by the owner or manager of the business establishment.

    (5) Nothing in this section shall prevent a person from carrying or transporting any signal pistol or other visual distress signal approved by the United States Coast Guard, in any vessel used upon the waterways of this State, or if unloaded and carried in an enclosed case, in any vehicle.

(Refer to Section Five, Page 115, for full text of Article 27, § 36B of the Annotated Code of Maryland.)

    One of the most important responsibilities that you incur, when you own or possess a handgun/firearm, is ensuring the safe storage of the weapon in order to avoid potential accidents or inappropriate access by others to your handgun/firearm, and especially children.

    In Maryland, Article 27, Section 36K of the Annotated Code of Maryland, prohibits a person from storing or leaving a loaded firearm (handgun) in any location where the person knew or should have known that an unsupervised minor (under age of 16) would gain access to the firearm.

(Refer to Section Five, Page 149, for full text of Article 27, Section § 36K of the Annotated Code of Maryland.)

(PENALTY: Misdemeanor - $1,000 fine.)

    Under Title 18, Section 926A, of the United States Code, a person, who is not prohibited from possessing, transporting, shipping, or receiving a firearm, shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry to any place where he may lawfully possess and carry such firearm if, during such transportation, the firearm is unloaded, neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment (trunk). In case the vehicle does not have a compartment separate from the driver's compartment, the firearm or ammunition shall be contained in a locked compartment other than the glove compartment or console.

    Article 27, Section 36A of the Annotated Code of Maryland, prohibits the possession of any firearm (handgun) on school property, unless engaged in an organized shooting activity for educational purposes or by written invitation from the school principal, to display or engage in historical demonstrations using firearms for educational purposes.

(Refer to Section Five, Page 115, for full text of Article 27, § 36A of the Annotated Code of Maryland.)

(PENALTY: Misdemeanor - $2,500 fine or three years imprisonment or both.)

    Article 27, Section 36G of the Annotated Code of Maryland,prohibits a person from having a firearm (handgun) in their possession or on or about their person at a demonstration in a public place or in a vehicle within 1,000 feet of a demonstration in a public place, after being told by a law enforcement officer that a demonstration was occurring at the public place and having been told by the law enforcement officer to leave the area until the person disposes of the firearm.

(Refer to Section Five, Page 136, for full text of Article 27, § 36G of the Annotated Code of Maryland.)

(PENALTY: Misdemeanor - $1,000 or 1 year imprisonment or both.)

    It is important to be aware of additional restrictions on the use of a handgun under certain circumstances that you could possibly encounter.

    Under Article 27, Section 12A-2 of the Annotated Code of Maryland, Reckless Endangerment, it is unlawful for any person to recklessly discharge a firearm (handgun) from a motor vehicle in such a manner that it creates a substantial risk of death or serious injury to another person.

(PENALTY: Misdemeanor - $5,000 fine or 5 years imprisonment or both.)

    HOWEVER, this statutory prohibition does not apply if you are acting in defense of a crime. (Refer to Section Five, Page 114, for full text of Article 27, Section 12A-2 of the Annotated Code of Maryland.)

    It is important to note that charges under the Reckless Endangerment Statute could result if one engages in the following reckless/negligent type of conduct with a firearm:

    Reckless storage/placement of a loaded handgun/firearm;

    The discharge of a handgun/firearm from an automobile in the close proximity of dwellings, buildings, and areas where people reside or are constantly present;

    The use of a handgun/firearm in various types of celebrations such as birthday parties, anniversaries, Memorial Day or 4th of July gatherings where the handgun/firearm is fired into the air or in an unsafe manner;

    Shooting at targets or various types of wildlife in an area where dwellings and people are in close proximity.

    The following Natural Resource laws of Maryland govern the possession and use of firearms in regard to vehicles, private property, dwellings, public highways, and roads. These rules primarily apply to "hunting" situations; however, they are important for your purposes because they apply to the lawful restrictions that could impact on any citizen in a given circumstance.

    These regulations should be read in conjunction with Article 27, Section 36B and Article 27, Section 12A-2, Reckless Endangerment of the Annotated Code of Maryland, as they pertain to hunting/sporting activities.

** NOTE: ANY USE OF A FIREARM IN CONJUNCTION WITH A VEHICLE THAT RESULTS IN A NATURAL RESOURCES LAW CONVICTION MAY ALSO RESULT IN SEIZURE AND FORFEITURE OF THE FIREARM AND VEHICLE TO THE STATE OF MARYLAND.