§ 5-205. Disqualification for possession.

   (a) Applicability. -- This subtitle does not apply to a rifle or shotgun that is an antique firearm as defined in § 4-201 of the Criminal Law Article.

(b) In general. -- A person may not possess a rifle or shotgun if the person:

   (1) has been convicted of a disqualifying crime as defined in § 5-101 of this title;

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

   (3) is a fugitive from justice;

   (4) is a habitual drunkard as defined in § 5-101 of this title;

   (5) is addicted to a controlled dangerous substance or is a habitual user as defined in § 5-101 of this title;

   (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;

   (7) has been found incompetent to stand trial under § 3-106 of the Criminal Procedure Article;

   (8) has been found not criminally responsible under § 3-110 of the Criminal Procedure Article;

   (9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article;

   (10) has been involuntarily committed to a facility as defined in § 10-101 of the Health - General Article;

   (11) is under the protection of a guardian appointed by a court under § 13-201(c) or § 13-705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability;

   (12) except as provided in subsection (c) of this section, is a respondent against whom:

      (i) a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; or

      (ii) an order for protection, as defined in § 4-508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or

   (13) 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) Exemptions. -- This section does not apply to a person transporting a rifle or shotgun if the person is carrying a civil protective order requiring the surrender of the rifle or shotgun and:

   (1) the rifle or shotgun is unloaded;

   (2) the person has notified the law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the civil protective order; and

   (3) the person transports the rifle or shotgun directly to the law enforcement unit, barracks, or station.

(d) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

(e) Relief from disqualification. -- A person who is disqualified from owning a rifle or shotgun under subsection (b)(6), (7), (8), (9), (10), or (11) of this section may seek relief from the disqualification in accordance with § 5-133.3 of this title.

HISTORY: An. Code 1957, art. 27, § 481D; 2003, ch. 5, § 2; 2013, ch. 427.