1. (a) In this subtitle the following words have the meanings indicated.

2. (b) “Antique firearm” has the meaning stated in § 4-201 of the Criminal Law Article.

   1. (i) a case in which a person received probation before judgment for a crime of violence; and
   2. (ii) a case in which a person received probation before judgment in a domestically related crime as defined in § 6-233 of the Criminal Procedure Article.

   3. (2) “Convicted of a disqualifying crime” does not include a case in which a person received a probation before judgment:

      1. (i) for assault in the second degree, unless the crime was a domestically related crime as defined in § 6-233 of the Criminal Procedure Article; or
      2. (ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article.

   (b-1)(1) “Convicted of a disqualifying crime” includes:

3. (c) “Crime of violence” means:

   1. (1) abduction;
   2. (2) arson in the first degree;
   3. (3) assault in the first or second degree;
   4. (4) burglary in the first, second, or third degree;
   5. (5) carjacking and armed carjacking;
   6. (6) escape in the first degree;
   7. (7) kidnapping;
   8. (8) voluntary manslaughter;
   9. (9) maiming as previously proscribed under former Article 27, § 386 of the Code;
   10. (10) mayhem as previously proscribed under former Article 27, § 384 of the Code;
   11. (11) murder in the first or second degree;
   12. (12) rape in the first or second degree;
   13. (13) robbery;
   14. (14) robbery with a dangerous weapon;
   15. (15) sexual offense in the first, second, or third degree;
   16. (16) home invasion under § 6-202(b) of the Criminal Law Article;
   17. (17) a felony offense under Title 3, Subtitle 11 of the Criminal Law Article;
   18. (18) an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or
   19. (19) assault with intent to commit any of the crimes listed in items (1) through (17) of this subsection or a crime punishable by imprisonment for more than 1 year.

4. (d) “Dealer” means a person who is engaged in the business of:

   1. (1) selling, renting, or transferring firearms at wholesale or retail; or
   2. (2) repairing firearms.
5. (e) “Dealer's license” means a State regulated firearms dealer's license.
6. (f) “Designated law enforcement agency” means a law enforcement agency that the Secretary designates to process applications to purchase regulated firearms for secondary sales.

7. (g) “Disqualifying crime” means:

   1. (1) a crime of violence;
   2. (2) a violation classified as a felony in the State; or
   3. (3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.

8. (h)

   1. (1) “Firearm” means:

      1. (i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive;
      2. (ii) the frame or receiver of such a weapon; or
      3. (iii) an unfinished frame or receiver, as defined in § 5-701 of this title.
   2. (2) “Firearm” includes a starter gun.
9. (i) “Firearm applicant” means a person who makes a firearm application.
10. (j) “Firearm application” means an application to purchase, rent, or transfer a regulated firearm.
11. (k) “Fugitive from justice” means a person who has fled to avoid prosecution or giving testimony in a criminal proceeding.
12. (l) “Habitual drunkard” means a person who has been found guilty of any three crimes under § 21-902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year.
13. (m) “Habitual user” means a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years.

14. (n)

    1. (1) “Handgun” means a firearm with a barrel less than 16 inches in length.
    2. (2) “Handgun” includes signal, starter, and blank pistols.
15. (o) “Handgun qualification license” means a license issued by the Secretary that authorizes a person to purchase, rent, or receive a handgun.
16. (p) “Licensee” means a person who holds a dealer's license.

17. (q) “Qualified handgun instructor” means a certified firearms instructor who:

    1. (1) is recognized by the Maryland Police and Correctional Training commissions;
    2. (2) has a qualified handgun instructor license issued by the Secretary; or
    3. (3) has a certification issued by a nationally recognized firearms organization.

18. (r) “Regulated firearm” means:

    1. (1) a handgun; or

    2. (2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:

       1. (i) American Arms Spectre da Semiautomatic carbine;
       2. (ii) AK-47 in all forms;
       3. (iii) Algimec AGM-1 type semi-auto;
       4. (iv) AR 100 type semi-auto;
       5. (v) AR 180 type semi-auto;
       6. (vi) Argentine L.S.R. semi-auto;
       7. (vii) Australian Automatic Arms SAR type semi-auto;
       8. (viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;
       9. (ix) Barrett light .50 cal. semi-auto;
       10. (x) Beretta AR70 type semi-auto;
       11. (xi) Bushmaster semi-auto rifle;
       12. (xii) Calico models M-100 and M-900;
       13. (xiii) CIS SR 88 type semi-auto;
       14. (xiv) Claridge HI TEC C-9 carbines;
       15. (xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;
       16. (xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;
       17. (xvii) Dragunov Chinese made semi-auto;
       18. (xviii) Famas semi-auto (.223 caliber);
       19. (xix) Feather AT-9 semi-auto;
       20. (xx) FN LAR and FN FAL assault rifle;
       21. (xxi) FNC semi-auto type carbine;
       22. (xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;
       23. (xxiii) Steyr-AUG-SA semi-auto;
       24. (xxiv) Galil models AR and ARM semi-auto;
       25. (xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;
       26. (xxvi) Holmes model 88 shotgun;

       27. (xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;

           (xxviii) Manchester Arms “Commando” MK-45, MK-9;

       28. (xxix) Mandell TAC-1 semi-auto carbine;
       29. (xxx) Mossberg model 500 Bullpup assault shotgun;
       30. (xxxi) Sterling Mark 6;

       31. (xxxii) P.A.W.S. carbine;

           (xxxiii) Ruger mini-14 folding stock model (.223 caliber);

       32. (xxxiv) SIG 550/551 assault rifle (.223 caliber);
       33. (xxxv) SKS with detachable magazine;

       34. (xxxvi) AP-74 Commando type semi-auto;

           (xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;

           (xxxviii) Street sweeper assault type shotgun;

       35. (xxxix) Striker 12 assault shotgun in all formats;
       36. (xl) Unique F11 semi-auto type;
       37. (xli) Daewoo USAS 12 semi-auto shotgun;
       38. (xlii) UZI 9mm carbine or rifle;
       39. (xliii) Valmet M-76 and M-78 semi-auto;
       40. (xliv) Weaver Arms “Nighthawk” semi-auto carbine; or
       41. (xlv) Wilkinson Arms 9mm semi-auto “Terry”.
19. (s) “Rent” means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm.

20. (t) “Secondary sale” means a sale of a regulated firearm in which neither party to the sale:

    1. (1) is a licensee;
    2. (2) is licensed by the federal government as a firearms dealer;
    3. (3) devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of earning a profit through the repeated purchase and resale of firearms; or
    4. (4) repairs firearms as a regular course of trade or business.
21. (u) “Secretary” means the Secretary of State Police or the Secretary's designee.

22. (v) “Straw purchase” means a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to:

    1. (1) complete the application to purchase a regulated firearm;
    2. (2) take initial possession of the regulated firearm; and
    3. (3) subsequently transfer the regulated firearm to the person.

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2013, c. 427, § 1, eff. Oct. 1, 2013; Acts 2014, c. 115, § 1, eff. Oct. 1, 2014; Acts 2014, c. 116, § 1, eff. Oct. 1, 2014; Acts 2015, c. 321, § 1, eff. Oct. 1, 2015; Acts 2017, c. 804, § 1, eff. Oct. 1, 2017; Acts 2017, c. 805, § 1, eff. Oct. 1, 2017; Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019; Acts 2022, c. 18, § 1, eff. June 1, 2022; Acts 2022, c. 19, § 1, eff. June 1, 2022.