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Maryland State NFA Rules and Allowable NFA Items

Maryland has a maze of confusing and contradictory firearms laws. NFA items may be possessed under very specific circumstances, such as an annual registration requirement of machine guns. SBR’ and SBS’s may be possessed as long as they don’t also fall under the definition of a so called “assault weapon”. Suppressors are legal in Maryland as long as they don’t contribute to the arbitrary elements of a so called “assault weapon”.

Possession of NFA items:

§4–106.
(a) (1) In this section and § 4107 of this subtitle the following words have the meanings indicated.
(2) “Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.
(3) “Bulletproof body armor” means a material or object that is designed to cover or be worn on any part ofthe body to prevent, deflect, or slow down the penetration of ammunition.
(4) “Crime of violence” has the meaning stated in § 14101 of this article. (5) “Drug trafficking crime” has the meaning stated in § 5621 of this article.
(6) “Firearm” includes:
(i) a handgun, antique firearm, rifle, shotgun, shortbarreled shotgun, or shortbarreled rifle as those terms are defined in § 4201 of this title;
(ii) an assault pistol as defined in § 4301 of this title;
(iii) a machine gun as defined in § 4401 of this title; and
(iv) a regulated firearm as defined in § 5101 of the Public Safety

§4–201.
(a) In this subtitle the following words have the meanings indicated.
(b) “Antique firearm” means:
(1) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar ignition system, manufactured before 1899; or
– 75 –(2) a replica of a firearm described in item (1) of this subsection that:
(i) is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or
(ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(c) (1) “Handgun” means a pistol, revolver, or other firearm capable of being concealed on the person.
(2) “Handgun” includes a short–barreled shotgun and a short–barreled rifle.
(3) “Handgun” does not include a shotgun, rifle, or antique firearm.
(d) “Law enforcement official” means:
(1) a full–time member of a police force or other unit of the United States, a state, a county, a municipal corporation, or other political subdivision of a state who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, a state, a county, a municipal corporation, or other political subdivision of a state;
(2) a part–time member of a police force of a county or municipal corporation who is certified by the county or municipal corporation as being trained and qualified in the use of handguns;
(3) a fire and explosive investigator of the Prince George’s County Fire/EMS Department as defined in § 2–208.3 of the Criminal Procedure Article;
(4) a Montgomery County fire and explosive investigator as defined in § 2–208.1 of the Criminal Procedure Article;
(5) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2–208.2 of the Criminal Procedure Article;
(6) a Worcester County fire and explosive investigator as defined in § 2–208.4 of the Criminal Procedure Article; or
(7) a City of Hagerstown fire and explosive investigator as defined in § 2–208.5 of the Criminal Procedure Article.
(e) “Rifle” means a weapon that is:
(1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and
– 76 –(2) designed or redesigned, and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(f) “Short–barreled rifle” means:
(1) a rifle that has one or more barrels less than 16 inches long; or
(2) a weapon that has an overall length of less than 26 inches and that was made from a rifle, whether by alteration, modification, or otherwise.
(g) “Short–barreled shotgun” means:
(1) a shotgun that has one or more barrels less than 18 inches long; or
(2) a weapon that has an overall length of less than 26 inches long and was made from a shotgun, whether by alteration, modification, or otherwise.
(h) “Shotgun” means a weapon that is:
(1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and
(2) designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore one or more projectiles for each pull of the trigger.
(i) “Vehicle” means a motor vehicle as defined in Title 11, Subtitle 1 of the Transportation Article, a train, an aircraft, or a vessel.

§4–301.
(a) In this subtitle the following words have the meanings indicated.
(b) “Assault long gun” means any assault weapon listed under § 5–101(r)(2) of the Public Safety Article.
(c) “Assault pistol” means any of the following firearms or a copy regardless of the producer or manufacturer:
(1) AA Arms AP–9 semiautomatic pistol;
(2) Bushmaster semiautomatic pistol;
(3) Claridge HI–TEC semiautomatic pistol;
(4) D Max Industries semiautomatic pistol;
(5) Encom MK–IV, MP–9, or MP–45 semiautomatic pistol;
(6) Heckler and Koch semiautomatic SP–89 pistol;
(7) Holmes MP–83 semiautomatic pistol;
(8) Ingram MAC 10/11 semiautomatic pistol and variations including the Partisan Avenger and the SWD Cobray;
(9) Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire variation;
(10) P.A.W.S. type semiautomatic pistol;
(11) Skorpion semiautomatic pistol;
(12) Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell);
(13) UZI semiautomatic pistol;
(14) Weaver Arms semiautomatic Nighthawk pistol; or
(15) Wilkinson semiautomatic “Linda” pistol.
(d) “Assault weapon” means:
(1) an assault long gun;
(2) an assault pistol; or
(3) a copycat weapon.
(e) (1) “Copycat weapon” means:
– 86 –(i) a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following:
1. a folding stock;
2. a grenade launcher or flare launcher; or
3. a flash suppressor;
(ii) a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
(iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;
(iv) a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds;
(v) a semiautomatic shotgun that has a folding stock; or
(vi) a shotgun with a revolving cylinder.
(2) “Copycat weapon” does not include an assault long gun or an assault pistol.
(f) “Detachable magazine” means an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.
(g) “Flash suppressor” means a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter’s field of vision.
(h) “Licensed firearms dealer” means a person who holds a dealer’s license under Title 5, Subtitle 1 of the Public Safety Article.

§4–302.
This subtitle does not apply to:
(1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, law enforcement personnel of the State or a local unit in the State, or a railroad police officer authorized under Title 3 of the Public
Safety Article or 49 U.S.C. § 28101;
(2) a firearm modified to render it permanently inoperative;
(3) possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed
– 87 –firearms dealer or manufacturer who is:
(i) providing or servicing an assault weapon or detachable magazine for a law enforcement unit or for personnel exempted under item (1) of this section;
(ii) acting to sell or transfer an assault weapon or detachable magazine to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer; or
(iii) acting to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair;
(4) organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons and applicable ammunition and detachable magazines;
(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;
(6) the receipt of an assault weapon or detachable magazine by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate;
(7) possession by a person who is retired in good standing from service with a law enforcement agency of the State or a local unit in the State and is not otherwise prohibited from receiving an assault weapon or detachable magazine if:
(i) the assault weapon or detachable magazine is sold or transferred to the person by the law enforcement agency on retirement; or
(ii) the assault weapon or detachable magazine was purchased or obtained by the person for official use with the law enforcement agency before retirement;
(8) possession or transport by an employee of an armored car company if the individual is acting within the scope of employment and has a permit issued under
Title 5, Subtitle 3 of the Public Safety Article; or
(9) possession, receipt, and testing by, or shipping to or from:
(i) an ISO 17025 accredited, National Institute of Justice–approved ballistics testing laboratory; or
(ii) a facility or entity that manufactures or provides research and
– 88 –development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.

§4–303.
(a) Except as provided in subsection (b) of this section, a person may not:
(1) transport an assault weapon into the State; or
(2) possess, sell, offer to sell, transfer, purchase, or receive an assault weapon.
(b) (1) A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before August 1, 1994, may:
(i) continue to possess and transport the assault pistol; or
(ii) while carrying a court order requiring the surrender of the assault pistol, transport the assault pistol directly to the law enforcement unit, barracks, or station if the person has notified the law enforcement unit, barracks, or station that the person is transporting the assault pistol in accordance with a court order and the assault pistol is unloaded.
(2) A licensed firearms dealer may continue to possess, sell, offer for sale, or transfer an assault long gun or a copycat weapon that the licensed firearms dealer lawfully possessed on or before October 1, 2013.
(3) A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may:
(i) possess and transport the assault long gun or copycat weapon; or
(ii) while carrying a court order requiring the surrender of the assault long gun or copycat weapon, transport the assault long gun or copycat weapon directly to the law enforcement unit, barracks, or station if the person has notified the law enforcement unit, barracks, or station that the person is transporting the assault long gun or copycat weapon in accordance with a court order and the assault long gun or copycat weapon is unloaded.
(4) A person may transport an assault weapon to or from:
(i) an ISO 17025 accredited, National Institute of Justice–approved ballistics testing laboratory; or
(ii) a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or – 89 –vehicle protection systems.

§4–304.
A law enforcement unit may seize as contraband and dispose of according to regulation an assault weapon transported, sold, transferred, purchased, received, or possessed in violation of this subtitle.

§4–305.
(a) This section does not apply to:
(1) a .22 caliber rifle with a tubular magazine; or
(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.

§4–401. (a) In this subtitle the following words have the meanings indicated.
(b) (1) “Crime of violence” means:
(i) murder in any degree;
(ii) manslaughter;
(iii) kidnapping;
(iv) rape in any degree;
(v) assault in the first degree;
(vi) robbery under § 3402 or § 3403 of this article;
(vii) burglary in any degree;
(viii) escape in the first degree; or
(ix) theft.
(2) “Crime of violence” includes an attempt to commit a crime listed in paragraph (1) of this subsection.
(c) “Machine gun” means a loaded or unloaded weapon that is capable of automatically discharging more than one shot or bullet from a magazine by a single function of the firing device.

§4–402.
(a) The presence of a machine gun in a room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle.
(b) This subtitle does not prohibit or interfere with:
(1) the manufacture, sale, and transportation of a machine gun for or to a military force or peace officer of the United States, a state, or a political subdivision of a state;
– 91 –(2) the possession of a machine gun for a scientific purpose; (3) the possession, as a curiosity, ornament, or keepsake, of a machine gun that cannot be used as a weapon;
(4) the possession of a machine gun for a purpose that is manifestly not aggressive or offensive; or
(5) the transportation of a lawfully possessed machine gun by a person who is carrying a court order requiring the surrender of the machine gun, if: (i) the machine gun is unloaded;
(ii) the person has notified the law enforcement unit, barracks, or station that the machine gun is being transported in accordance with the court order; and
(iii) the person transports the machine gun directly to the law enforcement unit, barracks, or station.
(c) (1) A court may issue a warrant to search for and seize a machine gun possessed in violation of this subtitle under the same procedure as for issuance of a warrant for stolen property.
(2) On application by the State’s Attorney, a court may order the confiscation or destruction of a legally seized machine gun or the transfer of the machine gun to a peace officer of the State or a political subdivision of the State.

§4–403. (a) (1) A manufacturer of a machine gun shall keep a register of each machine gun manufactured or handled by the manufacturer.
(2) The register shall contain:
(i) the method of manufacture and serial number of the machine gun;
(ii) the date of manufacture, sale, loan, gift, delivery, and receipt of the machine gun from the manufacturer; and
(iii) the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom the machine gun was received, and the purpose for which the machine gun was acquired.
(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(b) (1) On demand, a manufacturer of a machine gun shall allow a marshal, – 92 –sheriff, or police officer to inspect the manufacturer’s entire stock of machine guns, parts, and supplies and the register required under subsection (a) of this section.
(2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(c) (1) A person who acquires a machine gun shall register the machine gun with the Secretary of State Police:
(i) within 24 hours after acquiring the machine gun; and
(ii) in each succeeding year during the month of May.
(2) The Secretary of State Police shall prepare and, on request of an applicant, furnish an application form for registration under this subsection.
(3) An application for registration shall contain:
(i) the make, model, serial number, caliber, type, barrel length, finish, and country of origin of the machine gun;
(ii) the name, address, race, gender, date of birth, Maryland driver’s license number, and occupation of the person in possession of the machine gun; and
(iii) the name of the person from whom the machine gun was acquired and the purpose for acquiring the machine gun.
(4) Each application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable registration fee of $10.
(5) Registration data provided under this section is not open to public inspection.

§4–404.
(a) A person may not use or possess a machine gun in the commission or attempted commission of a crime of violence.
(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

§4–405.
(a) Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when:
(1) the machine gun:
(i) is on premises not owned or rented for bona fide permanent
– 93 –
residence or business occupancy by the person in whose possession the machine gun is found;
(ii) is in the possession of, or used by, an unnaturalized foreignborn person or a person who has been convicted of a crime of violence in any state or federal court of the United States; or
(iii) is not registered as required under § 4403 of this subtitle; or
(2) empty or loaded shells that have been used or are susceptible of being used in the machine gun are found in the immediate vicinity of the machine gun.
(b) A person may not possess or use a machine gun for an offensive or aggressive purpose.
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years.
(d) A person who violates this section is subject to § 5106(b) of the Courts Article.

§4–406.
This subtitle shall be interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.

§4–407.
This subtitle may be cited as the Uniform Machine Gun Act.

Legal Disclaimer:

This information is provided as a service to the public. It is NOT intended as legal advice and should never be considered as such. This information was up to date at the time of publication.

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