such as felons, certain domestic abusers, and certain people with a history of mental illness.
In Maryland, the Secretary of the Maryland State Police must deny a transfer of a regulated firearm when the prospective purchaser, lessee or transferee:
· Has been convicted of a crime of violence;
· Has been convicted of any Maryland-classified felony;
· Has been convicted of conspiracy to commit a felony;
· Has been convicted of a common law crime for which the person received a term of imprisonment for more than two years;
· Has been convicted of any Maryland-classified misdemeanor that carries a statutory penalty of more than two years;
· Is a fugitive from justice;
· Is a habitual drunkard;
· Is an addict or habitual user of any controlled dangerous substance;
· Is suffering from a mental disorder and has a history of violent behavior, unless the purchaser, lessee, or transferee possesses a physician’s certificate stating that he or she is capable of possessing a regulated firearm without undue danger to himself, herself or others;
· Has been confined for more than 30 consecutive days to a facility unless the purchaser, lessee, or transferee possesses a physician’s certificate stating that he or she is capable of possessing a regulated firearm without undue danger to himself, herself or others;
· Is visibly under the influence of alcohol or drugs;
· Is under 21 years of age;
· Is a participant in a “straw purchase;”
· Is subject to a “non ex parte civil protective order;”
· If under the age of 30 years at the time of the transaction, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult; or
· Has not completed a certified firearms safety training course, required to obtain a regulated firearm.
The prohibited categories for possession of a regulated firearm in Maryland are substantially similar to those prohibiting transfers, but do not include prohibitions for being “visibly under the influence of alcohol or drugs” or “a participant in a straw purchase,” and completing a certified firearms safety training course is not required. Moreover, the possession prohibitions include different, more expansive mental health restrictions, including any person who:
· Suffers from a mental disorder and has a history of violent behavior against himself, herself or another person (this prohibition does not contain the physician certificate exception);
· Has been found incompetent to stand trial;
· Has been found “not criminally responsible;”
· Has been voluntarily admitted for more than 30 consecutive days to a mental health facility;
· Has been involuntarily committed to a mental health facility; or
· Is under the protection of a guardian appointed by a court under Maryland law, except for cases in which the appointment of a guardian is solely a result of a physical disability.
Maryland explicitly prohibits any person from possessing a regulated firearm or a standard rifle or shotgun if that person:
· Has been convicted of a crime of violence;
· Has been convicted of specified crimes related to controlled substances under Maryland law;
· Has been convicted of an offense under the laws of another state or the United States that would constitute a “crime of violence” or one of the controlled substance-related crimes listed above if committed in Maryland;
· Has been convicted of a disqualifying crime;
· Has been convicted of a violation classified as a crime under common law and received a term of imprisonment of more than two years;
· Is a fugitive from justice;
· Is a habitual drunkard;
· Is addicted to or a habitual user of a controlled dangerous substance;
· Suffers from a mental disorder as defined by state law and has a history of violent behavior against himself, herself or another person;
· Has been found incompetent to stand trial under state law;
· Has been found “not criminally responsible” under state law;
· Has been voluntarily admitted for more than 30 consecutive days to a mental health facility as defined under state law;
· Has been involuntarily committed to a mental health facility as defined under state law;
· Is under the protection of a guardian appointed by a court, except for cases in which the appointment of a guardian is solely as a result of a physical disability;
· Is a respondent against whom: 1) a current non ex parte civil protective order has been entered; or 2) an order for protection has been issued by a court of another state or a Native American tribe and is in effect; or
· If under age 30 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.
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