Maryland Code, Public Safety Article
§ 5-133. Restrictions on possession of regulated firearms.
(a) Preemption by State.- This section supersedes any restriction 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. {Emphasis
added}
(b) Possession of regulated firearm prohibited.- A person may not possess
a regulated firearm if the person:
(1) has been convicted of a disqualifying crime;
(2) has been convicted of a violation classified as a common law crime and
received a term of imprisonment of more than 2 years;
(3) is a fugitive from justice;
(4) is a habitual drunkard;
(5) is addicted to a controlled dangerous substance or is a habitual user;
(6) suffers from a mental disorder as defined in § 10-101(f)(2) of the
Health - General Article and has a history of violent behavior against the
person or another, unless the person has a physician's certificate that the
person is capable of possessing a regulated firearm without undue danger to
the person or to another;
(7) 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 has a
physician's certificate that the person is capable of possessing a regulated
firearm without undue danger to the person or to another;
(8) is a respondent against whom a current non ex parte civil protective
order has been entered under § 4-506 of the Family Law Article; or
(9) if under the age of 30 years at the time of possession, has been
adjudicated delinquent by a juvenile court for an act that would be a
disqualifying crime if committed by an adult.
(c) Penalty for possession by person convicted of crime of violence.-
(1) A person may not possess a regulated firearm if the person was
previously convicted of:
(i) a crime of violence; or
(ii) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-607, §
5-608, § 5-609, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article.
(2) A person who violates this subsection is guilty of a felony and on
conviction is subject to imprisonment for not less than 5 years, no part of
which may be suspended.
(3) A person sentenced under paragraph (1) of this subsection may not be
eligible for parole.
§ 5-101. Definitions
(p) Regulated firearm.- "Regulated firearm" means:
(1) a handgun; or
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:
{Listed firearms contained in statute}
*****
(g) Disqualifying crime.- "Disqualifying crime" means:
(1) a crime of violence;
(2) a violation classified as a felony in the State; or
(3) a violation classified as a misdemeanor in the State that carries a
statutory penalty of more than 2 years.
*****
(c) 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 as previously proscribed under former Article 27, § 386 of the
Code;
(10) mayhem as previously proscribed under former Article 27, § 384 of the
Code;
(11) murder in the first or second degree;
(12) rape in the first or second degree;
(13) robbery;
(14) robbery with a dangerous weapon;
(15) sexual offense in the first, second, or third degree;
(16) an attempt to commit any of the crimes listed in items (1) through (15)
of this subsection; or
(17) assault with intent to commit any of the crimes listed in items (1)
through (15) of this subsection or a crime punishable by imprisonment for
more than 1 year.
*****
No case has yet decided the constitutionality of 5-101(g) (2) or (3).
5-101(g)(3) was sought to be interpreted as a crimes penalty having to
mandate at least a two year sentence in order to apply, which argument was
rejected by determining that the language is not ambiguous in providing that
the crime only has to allow for such a sentence to apply. Wyatt v. State of
Maryland 169 Md. App. 394 (2006 (prior conviction was attempted felony theft
which is a misdemeanor, carrying a maximum penalty not exceeding the maximum
penalty for the crime attempted, which is 15 years). The Defendant did not
challenge the statutes constitutionality on the grounds that it was not a
crime of violence or the type of crime for which a fundamental right should
be extinguished.
-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of
[email protected]
Sent: Tuesday, March 03, 2009 3:00 PM
To: [email protected]
Subject: Firearmsregprof Digest, Vol 64, Issue 2
----------------------------------------------------------------------
Message: 1
Date: Mon, 2 Mar 2009 17:36:18 -0500
From: "Phil Lee" <[email protected]>
Subject: RE: State laws that ban possession of guns by people
convicted ofnonviolent misdemeanors?
To: "Volokh, Eugene" <[email protected]>,
<[email protected]>
Message-ID: <[email protected]>
Content-Type: text/plain; charset="windows-1250"
I meant to reply earlier, but circumstances have prevented me from do so
until now. Even so, my reply must be incomplete. Maryland has laws
permitting judges a wide latitude in sentencing. While NY night have
classes of misdemeanor with sentences according to the seriousness of the
crime, Maryland tends to lump crimes together of a particular kind with a
range of sentences (i.e. not to exceed x years) and allow a judge to make a
sentence according to the seriousness of the crime. Many of these
misdemeanors have an upper limit for sentencing more than two years.
So, a bar scuffle with no injury might be plead out for time served (over
night stay in jail) but produce a Maryland (Federal) disqualification
because the charge carried a sentence upper limit of more than 2 years in
prison. This example has actually occurred. Many Maryland misdemeanors are
disqualifying in this way.
Phil
-----Original Message-----
From: [email protected]
[mailto:[email protected]]on Behalf Of Volokh, Eugene
Sent: Wednesday, December 31, 2008 1:45 PM
To: [email protected]
Subject: State laws that ban possession of guns by people convicted
ofnonviolent misdemeanors?
My recollection is that some state laws ban possession of guns by people
convicted of nonviolent misdemeanors. Some of these may be within the
rubric of "domestic violence," but not require any violent act; others apply
to other misdemeanors. Can anyone refresh my recollection, please? Many
thanks,
Eugene
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