{"data":{"id":"us-md/md.-code-public-safety-5-101","jurisdiction":"us-md","citation":"Md. Code, Public Safety § 5–101","heading":"","body":"(a) In this subtitle the following words have the meanings indicated.\n(b) “Antique firearm” has the meaning stated in § 4–201 of the Criminal Law Article.\n(b–1) (1) “Convicted of a disqualifying crime” includes:\n(i) a case in which a person received probation before judgment for a crime of violence; and\n(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.\n(2) “Convicted of a disqualifying crime” does not include a case in which a person received a probation before judgment:\n(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\n(ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article.\n(c) “Crime of violence” means:\n(1) abduction;\n(2) arson in the first degree;\n(3) assault in the first or second degree;\n(4) burglary in the first, second, or third degree;\n(5) carjacking and armed carjacking;\n(6) escape in the first degree;\n(7) kidnapping;\n(8) voluntary manslaughter;\n(9) maiming as previously proscribed under former Article 27, § 386 of the Code;\n(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;\n(11) murder in the first or second degree;\n(12) rape in the first or second degree;\n(13) robbery;\n(14) robbery with a dangerous weapon;\n(15) sexual offense in the first, second, or third degree;\n(16) home invasion under § 6–202(b) of the Criminal Law Article;\n(17) a felony offense under Title 3, Subtitle 11 of the Criminal Law Article;\n(18) an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or\n(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.\n(d) “Dealer” means a person who is engaged in the business of:\n(1) selling, renting, or transferring firearms at wholesale or retail; or\n(2) repairing firearms.\n(e) “Dealer’s license” means a State regulated firearms dealer’s license.\n(f) “Designated law enforcement agency” means a law enforcement agency that the Secretary designates to process applications to purchase regulated firearms for secondary sales.\n(g) “Disqualifying crime” means:\n(1) a crime of violence;\n(2) a violation classified as a felony in the State; or\n(3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.\n(h) (1) “Firearm” means:\n(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive;\n(ii) the frame or receiver of such a weapon; or\n(iii) an unfinished frame or receiver, as defined in § 5–701 of this title.\n(2) “Firearm” includes a starter gun.\n(i) “Firearm applicant” means a person who makes a firearm application.\n(j) “Firearm application” means an application to purchase, rent, or transfer a regulated firearm.\n(k) “Fugitive from justice” means a person who has fled to avoid prosecution or giving testimony in a criminal proceeding.\n(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.\n(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.\n(n) (1) “Handgun” means a firearm with a barrel less than 16 inches in length.\n(2) “Handgun” includes signal, starter, and blank pistols.\n(o) “Handgun qualification license” means a license issued by the Secretary that authorizes a person to purchase, rent, or receive a handgun.\n(p) “Licensee” means a person who holds a dealer’s license.\n(q) “Qualified handgun instructor” means a certified firearms instructor who:\n(1) is recognized by the Maryland Police and Correctional Training commissions;\n(2) has a qualified handgun instructor license issued by the Secretary; or\n(3) has a certification issued by a nationally recognized firearms organization.\n(r) “Regulated firearm” means:\n(1) a handgun; or\n(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:\n(i) American Arms Spectre da Semiautomatic carbine;\n(ii) AK–47 in all forms;\n(iii) Algimec AGM–1 type semi–auto;\n(iv) AR 100 type semi–auto;\n(v) AR 180 type semi–auto;\n(vi) Argentine L.S.R. semi–auto;\n(vii) Australian Automatic Arms SAR type semi–auto;\n(viii) Auto–Ordnance Thompson M1 and 1927 semi–automatics;\n(ix) Barrett light .50 cal. semi–auto;\n(x) Beretta AR70 type semi–auto;\n(xi) Bushmaster semi–auto rifle;\n(xii) Calico models M–100 and M–900;\n(xiii) CIS SR 88 type semi–auto;\n(xiv) Claridge HI TEC C–9 carbines;\n(xv) Colt AR–15, CAR–15, and all imitations except Colt AR–15 Sporter H–BAR rifle;\n(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K–1, and K–2;\n(xvii) Dragunov Chinese made semi–auto;\n(xviii) Famas semi–auto (.223 caliber);\n(xix) Feather AT–9 semi–auto;\n(xx) FN LAR and FN FAL assault rifle;\n(xxi) FNC semi–auto type carbine;\n(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;\n(xxiii) Steyr–AUG–SA semi–auto;\n(xxiv) Galil models AR and ARM semi–auto;\n(xxv) Heckler and Koch HK–91 A3, HK–93 A2, HK–94 A2 and A3;\n(xxvi) Holmes model 88 shotgun;\n(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;\n(xxviii) Manchester Arms “Commando” MK–45, MK–9;\n(xxix) Mandell TAC–1 semi–auto carbine;\n(xxx) Mossberg model 500 Bullpup assault shotgun;\n(xxxi) Sterling Mark 6;\n(xxxii) P.A.W.S. carbine;\n(xxxiii) Ruger mini–14 folding stock model (.223 caliber);\n(xxxiv) SIG 550/551 assault rifle (.223 caliber);\n(xxxv) SKS with detachable magazine;\n(xxxvi) AP–74 Commando type semi–auto;\n(xxxvii) Springfield Armory BM–59, SAR–48, G3, SAR–3, M–21 sniper rifle, M1A, excluding the M1 Garand;\n(xxxviii) Street sweeper assault type shotgun;\n(xxxix) Striker 12 assault shotgun in all formats;\n(xl) Unique F11 semi–auto type;\n(xli) Daewoo USAS 12 semi–auto shotgun;\n(xlii) UZI 9mm carbine or rifle;\n(xliii) Valmet M–76 and M–78 semi–auto;\n(xliv) Weaver Arms “Nighthawk” semi–auto carbine; or\n(xlv) Wilkinson Arms 9mm semi–auto “Terry”.\n(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.\n(t) “Secondary sale” means a sale of a regulated firearm in which neither party to the sale:\n(1) is a licensee;\n(2) is licensed by the federal government as a firearms dealer;\n(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\n(4) repairs firearms as a regular course of trade or business.\n(u) “Secretary” means the Secretary of State Police or the Secretary’s designee.\n(v) “Straw purchase” means a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to:\n(1) complete the application to purchase a regulated firearm;\n(2) take initial possession of the regulated firearm; and\n(3) subsequently transfer the regulated firearm to the person.","path":["Article - Public Safety"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gps\u0026section=5-101","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:00:18Z","sha256":"4c8fa80ba69d9676ccb0614eb3628a740701d52f46d378edac28a20c37c45f07","source_id":"us-md","stale":false,"prev":"us-md/md.-code-public-safety-4-1703","next":"us-md/md.-code-public-safety-5-102"},"notice":"GroundRules: Original legal text. Not legal advice."}