Section 5-101 - Definitions.
§ 5-101. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(a).
The reference to this "subtitle" is substituted for the former reference to this "subheading" to reflect the reorganization of the former statutory provisions on regulated firearms in this subtitle.
(b) Antique firearm.- "Antique firearm" has the meaning stated in § 4-201 of the Criminal Law Article.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(c).
This subsection is revised to conform to the definition of "antique firearm" in CR § 4-201 to avoid the possibility of unintended language variations if the definition in the Criminal Law Article is amended in the future. Former Art. 27, § 36F(c), from which CR § 4-201(b) was derived, and former Art. 27, § 441(c), from which this subsection is derived, were substantially identical provisions.
Defined Terms.
"Firearm" § 5-101
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(e).
In item (9) of this subsection, the reference to maiming as previously proscribed under "former Article 27, § 386 of the Code" is added because the crime of maiming, which was set out in former Art. 27, § 386, was repealed by Chapter 632, Acts of 1996. Similarly, in item (10) of this subsection, the reference to "former Article 27, § 384 of the Code" is retained because it refers to provisions on mayhem that were repealed by Ch. 632, Acts of 1996.
In items (13) and (14) of this subsection, the references to "robbery" and "robbery with a dangerous weapon" are substituted for the former reference to "[r]obbery under § 3-402 or § 3-403 of the Criminal Law Article" for clarity.
In items (16) and (17) of this subsection, the reference to "crimes" is substituted for the former reference to "offenses" for consistency with terminology used in the Criminal Procedure Article and the Criminal Law Article.
(d) Dealer.- "Dealer" means a person who is engaged in the business of:
(1) selling, renting, or transferring firearms at wholesale or retail; or
(2) repairing firearms.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(f).
Defined Terms.
"Firearm" § 5-101
"Person" § 1-101
(e) Dealer's license.- "Dealer's license" means a State regulated firearms dealer's license.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(s).
This subsection defines the term "[d]ealer's license" instead of "[r]egulated firearms dealer" for convenience. In this subtitle, the defined term "licensee" is used to denote a holder of a regulated firearms dealer's license.
The former reference to a "valid" State regulated firearms dealer's license is deleted as implicit in the reference to a dealer's "license".
The former phrase "issued by the Secretary" is deleted as unnecessary in a definition.
Defined Terms.
"Regulated firearm" § 5-101
(f) Designated law enforcement agency.- "Designated law enforcement agency" means a law enforcement agency that the Secretary designates to process applications to purchase regulated firearms for secondary sales.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(g).
The former reference to a law enforcement agency that is "approved" by the Secretary is deleted as included in the reference to a law enforcement agency that the Secretary "designates".
Defined Terms.
"Regulated firearm" § 5-101
"Secondary sale" § 5-101
"Secretary" § 5-101
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 442(h)(2)(i)1, 2, and 3; § 443(e)(4)(iii)1, 2, and 3 and (j)(2)(i), (ii), and (iii); and § 445(b)(3) and (1)(i), (iii), and, except for reference to conspiracy to commit certain crimes, (ii) and (d)(3) and (1)(i), (ii), and (iii).
The term "[d]isqualifying crime" is added to avoid the repetition of the phrases "a crime of violence", "any violation classified as a felony in this State", and "any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years".
Defined Terms.
"Crime of violence" § 5-101
(h) Firearm.-
(1) "Firearm" means:
(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or
(ii) the frame or receiver of such a weapon.
(2) "Firearm" includes a starter gun.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(i).
(i) Firearm applicant.- "Firearm applicant" means a person who makes a firearm application.
Revisor's Note.
This subsection is new language derived without substantive change from the first clause of former Art. 27, § 442(f)(1).
It is revised as a defined term to provide a concise reference to a person who makes a firearm application.
Defined Terms.
"Firearm application" § 5-101
"Person" § 1-101
(j) Firearm application.- "Firearm application" means an application to purchase, rent, or transfer a regulated firearm.
Revisor's Note.
This subsection is new language added to provide a concise reference to an application to purchase, rent, or transfer a regulated firearm.
Defined Terms.
"Regulated firearm" § 5-101
(k) Fugitive from justice.- "Fugitive from justice" means a person who has fled to avoid prosecution or giving testimony in a criminal proceeding.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(j).
The former reference to avoiding prosecution "for a crime" is deleted as surplusage.
The Public Safety Article Review Committee notes, for consideration by the General Assembly, that the former reference to a person who has fled "from a sheriff or other peace officer within this State, or who has fled from any state, the District of Columbia, or territory or possession of the United States" is deleted for brevity. A person who has fled to avoid prosecution or giving testimony in a criminal proceeding is a fugitive from justice, regardless of from whom or where the person has fled.
Defined Terms.
"Person" § 1-101
(l) Habitual drunkard.- "Habitual drunkard" means a person who has been found guilty of any three crimes under § 21-902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(b) and (l).
The former defined term "alcohol offense" is revised as part of this subsection because this subsection is the only provision in this subtitle in which the former defined term is used.
The reference to "crimes" is substituted for the former reference to "offenses" for consistency with the Criminal Procedure Article and the Criminal Law Article.
Defined Terms.
"Person" § 1-101
(m) Habitual user.- "Habitual user" means a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(m).
The reference to "crimes" is substituted for the former reference to "offenses" for consistency with the Criminal Procedure Article and the Criminal Law Article.
The former reference to a habitual user "of controlled dangerous substances" is deleted as unnecessary in light of the reference to a person who has been found guilty "of two controlled dangerous substances" crimes.
Defined Terms.
"Person" § 1-101
(n) Handgun.-
(1) "Handgun" means a firearm with a barrel less than 16 inches in length.
(2) "Handgun" includes signal, starter, and blank pistols.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(n).
Defined Terms.
"Firearm" § 5-101
(o) Licensee.- "Licensee" means a person who holds a dealer's license.
Revisor's Note.
This subsection is new language added to provide a concise reference to a person who holds a dealer's license.
Defined Terms.
"Dealer's license" § 5-101
"Person" § 1-101
(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:
(i) American Arms Spectre da Semiautomatic carbine;
(ii) AK-47 in all forms;
(iii) Algimec AGM-1 type semi-auto;
(iv) AR 100 type semi-auto;
(v) AR 180 type semi-auto;
(vi) Argentine L.S.R. semi-auto;
(vii) Australian Automatic Arms SAR type semi-auto;
(viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;
(ix) Barrett light.50 cal. semi-auto;
(x) Beretta AR70 type semi-auto;
(xi) Bushmaster semi-auto rifle;
(xii) Calico models M-100 and M-900;
(xiii) CIS SR 88 type semi-auto;
(xiv) Claridge HI TEC C-9 carbines;
(xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;
(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;
(xvii) Dragunov Chinese made semi-auto;
(xviii) Famas semi-auto (.223 caliber);
(xix) Feather AT-9 semi-auto;
(xx) FN LAR and FN FAL assault rifle;
(xxi) FNC semi-auto type carbine;
(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;
(xxiii) Steyr-AUG-SA semi-auto;
(xxiv) Galil models AR and ARM semi-auto;
(xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;
(xxvi) Holmes model 88 shotgun;
(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;
(xxviii) Manchester Arms "Commando" MK-45, MK-9;
(xxix) Mandell TAC-1 semi-auto carbine;
(xxx) Mossberg model 500 Bullpup assault shotgun;
(xxxi) Sterling Mark 6;
(xxxii) P.A.W.S. carbine;
(xxxiii) Ruger mini-14 folding stock model (.223 caliber);
(xxxiv) SIG 550/551 assault rifle (.223 caliber);
(xxxv) SKS with detachable magazine;
(xxxvi) AP-74 Commando type semi-auto;
(xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;
(xxxviii) Street sweeper assault type shotgun;
(xxxix) Striker 12 assault shotgun in all formats;
(xl) Unique F11 semi-auto type;
(xli) Daewoo USAS 12 semi-auto shotgun;
(xlii) UZI 9mm carbine or rifle;
(xliii) Valmet M-76 and M-78 semi-auto;
(xliv) Weaver Arms "Nighthawk" semi-auto carbine; or
(xlv) Wilkinson Arms 9mm semi-auto "Terry".
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(d) and (r).
Defined Terms.
"Firearm" § 5-101
"Handgun" § 5-101
(q) Rent.- "Rent" means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(t).
Defined Terms.
"Regulated firearm" § 5-101
(r) Secondary sale.- "Secondary sale" means a sale of a regulated firearm in which neither party to the sale:
(1) is a licensee;
(2) is licensed by the federal government as a firearms dealer;
(3) devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of earning a profit through the repeated purchase and resale of firearms; or
(4) repairs firearms as a regular course of trade or business.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(h) and (u).
Former Art. 27, § 441(h), which defined "engaged in the business", is revised as part of the definition of "secondary sale" for clarity in light of the cross-reference in former Art. 27, § 441(u) to being "engaged in the business as defined in this section". No substantive change is intended.
In the introductory language of this subsection, the reference to a party to the "sale" is substituted for the former reference to a party to the "transaction" to conform to the language used in this subsection.
Defined Terms.
"Firearm" § 5-101
"Licensee" § 5-101
"Regulated firearm" § 5-101
(s) Secretary.- "Secretary" means the Secretary of State Police or the Secretary's designee.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(v).
(t) Straw purchase.- "Straw purchase" means a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to:
(1) complete the application to purchase a regulated firearm;
(2) take initial possession of the regulated firearm; and
(3) subsequently transfer the regulated firearm to the person.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 441(w).
In the introductory language of this subsection, the defined term "person" is substituted for the former references to an "individual" to conform to the terminology of this subtitle.
Also in the introductory language of this subsection, the former reference to another "person" is deleted as implicit in the reference to "another".
Defined Terms.
"Person" § 1-101
"Regulated firearm" § 5-101
[An. Code 1957, art. 27, §§ 441(a)-(j), (l)-(n), (r)-(w), 442(f)(1), (h)(2)(i)1-3, 443(e)(4)(iii)1-3, (j)(2)(i)-(iii), 445(b)(1)(i)-(iii), (3), (d)(1)(i)-(iii), (3); 2003, ch. 5, § 2.]