1. A. A person may not possess a regulated firearm if the person:

   1. (1) Is a habitual drunkard;
   2. (2) Is addicted to or a habitual user of a controlled dangerous substance;
   3. (3) Is a fugitive from justice;

   4. (4) Has been convicted of:

      1. (a) A crime of violence;
      2. (b) Any violation classified as a felony in this State;
      3. (c) Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years; or
      4. (d) Any violation classified as a common law offense where the person received a term of imprisonment of more than 2 years; or
   5. (5) Has received probation before judgment for a crime of violence, except for assault in the second degree or a case in which a person received probation before judgment for a disqualifying crime and that crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;
   6. (6) Has received probation before judgment for a domestically related crime, as defined in Criminal Procedure Article, §6-233, Annotated Code of Maryland, except when the crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;
   7. (7) Has been found not criminally responsible under Criminal Procedure Article, §3-110, Annotated Code of Maryland;
   8. (8) Has been found incompetent to stand trial under Criminal Procedure Article, §3-106, Annotated Code of Maryland;
   9. (9) Has a mental health disorder and a history of violent behavior;
   10. (10) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility;
   11. (11) Has been involuntarily admitted to a mental health facility;
   12. (12) Is under the protection of a guardian appointed by a court under Estates of Trusts Article, §13-201(c) or 13-705, Annotated Code of Maryland, unless the appointment of the guardian was solely a result of a physical disability;
   13. (13) Is a respondent against whom a current non ex parte civil protection order has been entered under Family Law Article, §4-506, Annotated Code of Maryland;
   14. (14) Is a respondent against whom an order for protection, as defined in Family Law Article, §4-508.1, Annotated Code of Maryland, has been issued by a court of another state or a Native American tribe and is in effect;

   15. (15) Is younger than 30 years old and has been adjudicated delinquent by a juvenile court for committing an act that would be:

       1. (a) A crime of violence if committed by an adult;
       2. (b) A violation classified as a felony in this State if committed by an adult; or
       3. (c) A violation classified as a misdemeanor in this State that carries a statutory penalty of more than two years if committed by an adult; or
   16. (16) Is prohibited from otherwise possessing a firearm by federal or State law.

2. B. A person younger than 21 years old may not possess a regulated firearm unless the person is not otherwise prohibited from possessing a regulated firearm and is:

   1. (1) A member of the armed forces of the United States or the National Guard and is performing official duties;
   2. (2) Required to possess a regulated firearm for employment purposes and holds a valid permit under Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland;

   3. (3) Temporarily transferring or possessing a regulated firearm or ammunition and is:

      1. (a) Under the supervision of another who is at least 21 years old or older and who is not prohibited by federal or State law from possessing a firearm; and
      2. (b) Acting with the permission of the parent or legal guardian of the person;

   4. (4) Temporarily transferring or possessing a regulated firearm or ammunition and is:

      1. (a) Participating in marksmanship training of a recognized organization; and
      2. (b) Under the supervision of a qualified instructor; or
   5. (5) Possessing the firearm for self-defense or the defense of others against a trespasser into the person’s residence or a residence in which the person is an invited guest.

3. C. This section does not apply to a respondent transporting a regulated firearm if the respondent is carrying a civil protection order requiring the surrender of the regulated firearm and:

   1. (1) The regulated firearm is unloaded;
   2. (2) The respondent has notified the law enforcement unit, barracks, or station that the regulated firearm is being transported in accordance with the civil protection order; and
   3. (3) The respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.
4. D. This section supersedes any restrictions that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.

Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland

Effective date: July 21, 1972

Chapter revised effective March 2, 1977 (4:5 Md. R. 383)

Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)

Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)

Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994

Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)

Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)

Chapter revised effective May 5, 1997 (24:9 Md. R. 659)

Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001

Chapter revised effective May 28, 2001 (28:10 Md. R. 951)

Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)

Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)

Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)

Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)

Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)

Chapter revised effective February 2, 2004 (31:2 Md. R. 86)

Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)

Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)

Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)

Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)

Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)