1. A. A person does not participate in a straw purchase in violation of Regulation .08 of this chapter when purchasing a regulated firearm as a gift if:

   1. (1) The recipient of the gift is a resident of the State;
   2. (2) The recipient of the gift is not prohibited from purchasing or possessing a regulated firearm by State or federal law; and
   3. (3) Except to the extent provided in §§B and C of this regulation, both the purchaser and the recipient of the gift shall comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, pertaining to the possession, sale, rental, transfer, purchase, or receipt of a regulated firearm.
2. B. If a gift of a regulated firearm is in the form of a gift certificate, then only the recipient of the gift must comply with the requirements of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, pertaining to the possession, sale, rental, transfer, purchase, or receipt of a regulated firearm.

3. C. If a gift of a regulated firearm is to the person’s spouse, parent, grandparent, grandchild, brother, sister, son, or daughter:

   1. (1) The recipient shall complete an application to purchase or transfer a regulated firearm;
   2. (2) The recipient shall submit the application to the Secretary within 5 days after receipt of the regulated firearm; and
   3. (3) The Secretary shall waive the regulated firearm application fee of $10.

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Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md.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