§ 5-134. Restrictions on sale, rental, or transfer of regulated firearms

   (a) Preemption by State. -- This section supersedes any restriction that a local jurisdiction in the State imposes on the transfer by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the transfer of a regulated firearm.

(b) Sale, rental, or transfer of regulated firearm prohibited. -- A dealer or other person may not sell, rent, or transfer a regulated firearm to a purchaser, lessee, or transferee who the dealer or other person knows or has reasonable cause to believe:

   (1) is under the age of 21 years;

   (2) has been convicted of a disqualifying crime;

   (3) has been convicted of a conspiracy to commit a felony;

   (4) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

   (5) is a fugitive from justice;

   (6) is a habitual drunkard;

   (7) is addicted to a controlled dangerous substance or is a habitual user;

   (8) 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 purchaser, lessee, or transferee or another, unless the purchaser, lessee, or transferee possesses a physician's certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, or transferee or to another;

   (9) has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article, unless the purchaser, lessee, or transferee possesses a physician's certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, or transferee or to another;

   (10) is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article;

   (11) 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;

   (12) is visibly under the influence of alcohol or drugs;

   (13) is a participant in a straw purchase; or

   (14) subject to subsection (c) of this section for a transaction under this subsection that is made on or after January 1, 2002, has not completed a certified firearms safety training course conducted free of charge by the Police Training Commission or that meets standards established by the Police Training Commission under § 3-207 of this article.

(c) Exemption from certified firearms training course requirement. -- A person is not required to complete a certified firearms safety training course under subsection (b)(14) of this section and § 5-118(b)(3)(x) of this subtitle if the person:

   (1) has already completed a certified firearms safety training course required under subsection (b)(14) of this section and § 5-118(b)(3)(x) of this subtitle;

   (2) is a law enforcement officer of the State or any local law enforcement agency in the State;

   (3) is a member, retired member, or honorably discharged member of the armed forces of the United States or the National Guard;

   (4) is a member of an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition; or

   (5) has been issued a permit to carry a handgun under Subtitle 3 of this title.

(d) Sale, rental, or transfer of regulated firearm to minor prohibited. --

   (1) A person may not sell, rent, or transfer:

      (i) ammunition solely designed for a regulated firearm to a person who is under the age of 21 years; or

      (ii) 1. a firearm other than a regulated firearm to a minor;

         2. ammunition for a firearm to a minor;

         3. pepper mace, which is an aerosol propelled combination of highly disabling irritant based products and is also known as oleo-resin capsicum (O.C.) spray, to a minor; or

         4. another deadly weapon to a minor.

   (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.

HISTORY: An. Code 1957, art. 27, § 441(p), 445(a), (b), (b-1), (c), 449(a); 2003, ch. 5, § 2.