词条 | Gun laws in Maryland | |||||||||||||||||||||||||||||||||||||||||||||||||||
释义 |
Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland. Summary table
|state = Maryland[6][7][8] |state-flag = Flag_of_Maryland.svg |constitution-sections = Constitution of Maryland, Declaration of Rights. |constitution-synopsis = Art. 28. That a well regulated Militia is the proper and natural defence of a free Government. |preemption-sections = Criminal Law – §4–209. Public Safety – § 5–133. Public Safety – § 5–134. |preemption-synopsis = *Local governments are prohibited from regulating the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession and transportation of handguns, rifles, shotguns and ammunition, with some exceptions.
|local-regulation-sections = See below for existing local regulations. |ownership-registration-sections = Criminal Law – §4-401. Criminal Law – § 4-403. Criminal Law – § 4-301. Criminal Law – § 4-303. |ownership-registration-synopsis = *Machine guns must be registered with the State yearly.
|purchase-registration-sections = Public Safety – § 5–101. Public Safety – § 5–123. Annapolis City – § 11.44.030 |purchase-registration-synopsis = *"Regulated firearm" means:
|restricted-firearms-sections = Criminal Law – § 4-301. Criminal Law – § 4-303. |restricted-firearms-synopsis = *Assault pistols are prohibited; except:
|restricted-accessories-sections = Criminal Law – § 4-305. |restricted-accessories-synopsis = *Detachable magazines with a capacity of more than 10 rounds of ammunition may not be made, sold, purchased, or transferred. Possession is not prohibited.
|restricted-places-sections = Criminal Law – § 4-102. Criminal Law – § 4-208. Transportation – § 5-1008. Criminal Law – § 4-405. Anne Arundel County- § 9-1-601. Baltimore City – Art 19. § 59–1 Gaithersburg City – § 15–16. Montgomery County – § 57–10. Montgomery County – § 57–11. |restricted-places-synopsis = *Public school property, except certain persons.
|underage-persons-sections = Public Safety – § 5–101. Public Safety – § 5–133. Public Safety – § 5–134. |underage-persons-synopsis = *Persons who are under 21 years of age, with some exceptions for hunting and target shooting. |restricted-persons-sections = Public Safety – § 5–101. Public Safety – § 5–133. Public Safety – § 5–134. |restricted-persons-synopsis = *Fugitives from justice.
|convicted-persons-sections = Public Safety – § 5–101. Public Safety – § 5–133. Public Safety – § 5–134. |convicted-persons-synopsis = *Persons who have been convicted of a crime of violence, any Maryland-classified felony, conspiracy to commit a felony, a common law crime for which the person received a term of imprisonment for more than two years, or any Maryland-classified misdemeanor that carries a statutory penalty of more than two years.
|manufacturing-sections = Public Safety – § 5–402. Public Safety – § 5–406. Public Safety – § 5–131. Criminal Law – § 4-305. |manufacturing-synopsis = *A person generally may not manufacture for distribution or sale a handgun manufactured after January 1, 1985 that is not included on the handgun roster in the State.
|dealer-sections = Public Safety – § 5–106. Public Safety – § 5–118. Public Safety – § 5–134. Public Safety – § 5–128. Public Safety – § 5–131. Public Safety – § 5–132. Public Safety – § 5–204. |dealer-synopsis = *A State license is required to engage in the business of selling, renting, or transferring regulated firearms.
|private-sections = Public Safety – § 5–106. |private-synopsis = *Private sales of long guns are legal and do not require a dealer's license.
|gun-show-sections = Public Safety – § 5–130. |gun-show-synopsis = *A temporary transfer permit is required to offer a "regulated firearm" for sale at a gun show. |transportation-sections = Criminal Law – § 4-201. Criminal Law – § 4-203. Criminal Law – §4-402. Criminal Law – §4-405. |transportation-synopsis = *For the purposes of "Criminal Law – Subtitle 2. Handguns", including "§ 4–203. wearing, carrying, or transporting handgun,"
|open-carry-sections = Criminal Law – § 4-201. Public Safety – § 5–303. Public Safety – § 5–306. Criminal Law – § 4-203. |open-carry-synopsis = *Carrying a handgun either openly or concealed is prohibited, except certain persons, or in certain circumstances.
|concealed-carry-synopsis = }} State constitutionThe Constitution of Maryland contains no provision protecting the right for individuals to keep and bear arms. The state preempts some local firearm regulations, though local governments may regulate firearms with respect to minors and areas of public assembly. Annapolis, Anne Arundel County, Montgomery County, Gaithersburg, and Baltimore are known to have local firearm regulations.[9][10][11] The Constitution of Maryland, Declaration of Rights, Art. 2. The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary. Maryland state law currently blocks anyone who has been in a mental facility or has been reported or coded at mentally ill from buying a gun notwithstanding.[12] Regulated firearmsThe Maryland State Police maintain a registry of "regulated firearms" that are allowed to be sold within the state. Residents may only purchase handguns manufactured after January 1, 1985 that are on the approved handguns list from the Maryland Handgun Roster.[13] Integrated Ballistics Identification SystemUntil 2016, dealers were required to forward the manufacturer-included shell casing (or one provided by the federally licensed gun shop) in its sealed container to the Department of State Police Crime Laboratory upon sale, rental, or transfer of a "regulated firearm" for inclusion in their ballistics database, known as the Integrated Ballistics Identification System (IBIS).[10][11] The program was shut down in 2015 due to its ineffectiveness.[14] Laws prohibiting firearmsOn April 4, 2013, the Maryland General Assembly approved legislation imposing significant new restrictions on gun ownership. The bills ban the sale of certain semi-automatic firearms that they define as assault weapons, limit magazine capacity to ten rounds, require that handgun purchasers be fingerprinted and pass a training class in order to obtain a handgun license, and bar persons who have been involuntarily committed to a mental health institution from possessing firearms. Martin O'Malley Governor at the time, signed the legislation into law on May 16, 2013.[15] Regarding 10 round magazine limits for rifles purchased in Maryland, standard 30 round magazines may be purchased outside Maryland and brought into the state for personal use. Those standard magazines may not be transferred, given, sold or manufactured inside Maryland.[16] As of October 1, 2013, detachable magazines for semi-automatic handguns and semi-automatic centerfire rifles which are capable of holding more than 10 rounds may not be purchased, manufactured or sold, though they may be possessed (but not transferred within the state) by persons who already owned them prior to enactment of the 2013 changes. Magazines greater than ten rounds may be purchased or acquired outside the state and carried into Maryland and used within the state. Certain pistols are classified as "assault pistols", and banned from ownership if not registered prior to August 1, 1994.[9] Only handguns on the official handgun roster[17] may be sold in the state. Private sales of "regulated firearms," which includes handguns, are permissible, but must be done at a local Maryland State Police barracks. As of 1 Oct, a Handgun Qualification License (HQL) is required for the sale, as well as a background check and a mandatory seven-day waiting period. A person must obtain a safety training certificate prior to purchasing "regulated firearms" and present that certificate prior to each purchase. With some limited exceptions for designated firearms collectors,[18] only one "regulated firearm" may be purchased in any 30-day period. Handguns manufactured on or before December 31, 2002, must be sold or transferred with an external safety lock. Handguns manufactured after December 31, 2002 may only be sold or transferred if they have an internal mechanical safety device.[10][11] Firearms advocates challenged the 2013 law. The District Court ruled that the law was constitutional based on intermediate scrutiny. On February 1, 2016, the United States Court of Appeals for the Fourth Circuit overruled the reasoning used to uphold the law in a 2-to-1 vote. The appellate court said that the ban on semi-automatic weapons and high-capacity magazines should be subject to strict scrutiny, not intermediate scrutiny, because they "are in common use by law-abiding citizens." The court acknowledged that the state has a right to limit the use of or ban citizen possession, sale, or transfer of "dangerous and unusual" weapons (such as hand grenades), but the weapons and ammunition barred by the 2013 law did not fall under that provision. The appellate court remanded the case to a federal district court, leaving the ban temporarily in place pending a review by the district court. The state said it would appeal the decision.[19][20] On March 4, 2016, Fourth Circuit agreed to rehear the case en banc and oral arguments took place on May 11, 2016.[21][22] The full court ruled that such assault weapons and magazines holding more than 10 bullets are not protected by the Second Amendment;[23] the Supreme Court refused to hear the case.[24] Firearms are prohibited from certain places, including schools and demonstrations.{{fact|date=April 2016}} Open and Concealed CarryCarrying a handgun, whether openly or concealed, is prohibited unless one has a permit to carry a handgun or is on their own property or their own place of business. The Maryland State Police may issue a permit to carry a handgun at their discretion and based on an investigation. In practice, very few applicants are granted carry permits, and approval typically requires the applicant to provide proof of a clear and imminent threat on his or her life. For example, police reports submitted by an applicant documenting a recent assault, attempted kidnapping, carjacking, or home invasion, particularly when the assailant remains at-large, have generally been accepted as sufficient "good reason" for issuance of a carry permit. The State Police may issue a Handgun Carry Permit that is either unrestricted or has varying degrees of restrictions, depending on the circumstances specified in the permit application. [25] If the State Police deny the permit application or issue a restricted permit, the applicant may appeal the denial or permit restrictions to the Handgun Permit Review Board. The review board, staffed by gubernatorial appointees, has the discretion to grant or deny an appeal on a case-by-case basis. Permits are not automatically renewed, and the permit-holder must justify the continued need for the permit when applying for renewal.[10][11] Out of a total population of 6 million, there were 14,298 active carry permits as of April 2014.[26] No permit is required to openly carry a rifle or shotgun in Maryland. On March 5, 2012, a federal judge ruled in Woollard v Sheridan that Maryland's "may issue" concealed carry law is unconstitutional, writing, "A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights." The Maryland Attorney General's office appealed the ruling.[27] On March 21, 2013, a three judge panel of the Fourth Circuit Court of Appeals (U.S. Federal) unanimously overturned the District Court ruling, holding that the "good & substantial cause" requirements imposed by Maryland law are permissible without violating the 2nd Amendment.[28] Maryland police have been accused of targeting drivers from other states including Florida because they hold concealed-carry permits.[29] References1. ^1 2 Senate Bill 281: Firearm Safety Act of 2013, Maryland Legislature 2013 Regular Session. Retrieved October 9, 2013. {{Gun laws in the United States (by state)}}2. ^{{Cite web|url=http://sunnysidesun.com/news/2016/sep/30/second-amendment-sanctuary/|title=Second Amendment sanctuary?|website=sunnysidesun.com|access-date=2019-03-09}} 3. ^{{Cite news|url=https://wamu.org/story/18/04/24/ban-bump-stocks-among-new-gun-regulations-maryland/|title=Ban On 'Bump Stocks' Among New Gun Regulations In Maryland {{!}} WAMU|work=WAMU|access-date=2018-04-28|language=en-US}} 4. ^1 {{cite web|url=https://www.atf.gov/resource-center/docs/atf-p-5300-4pdf |title=Bureau of Alcohol, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms, p.214 |format=PDF |accessdate=November 23, 2011}} 5. ^{{cite web|url=http://www.atf.gov/publications/download/p/atf-p-5300-5.pdf |title=Bureau of Alcohol, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms, p.215 |format=PDF |accessdate=November 23, 2011}} 6. ^{{cite web|url=http://www.atf.gov/publications/download/p/atf-p-5300-5.pdf |title=Bureau of Alcohol, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms, p.216 |format=PDF |accessdate=November 23, 2011}} 7. ^1 {{cite web|url=http://www.atf.gov/publications/download/p/atf-p-5300-5.pdf |title=Bureau of Alcohol, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms, p.218 |format=PDF |accessdate=November 23, 2011}} 8. ^{{cite web|url=http://www.mdgunsafety.com/ |title=Maryland Regulated Firearm Training On-Line |publisher=Mdgunsafety.com |date=January 1, 2002 |accessdate=November 23, 2011}} 9. ^1 2 {{cite web|url=http://www.atf.gov/publications/download/p/atf-p-5300-5.pdf |title=Bureau of Alcohol, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms |format=PDF |accessdate=November 23, 2011}} 10. ^1 2 3 4 "State Gun Laws: Maryland", National Rifle Association – Institute for Legislative Action. Retrieved December 31, 2012. 11. ^1 2 3 4 "Maryland State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31, 2012. 12. ^http://msa.maryland.gov/msa/mdmanual/43const/html/00dec.html 13. ^"Public Safety, §5–406 (a) (2)", Code of Public General Laws (Statutes) of Maryland. 14. ^http://www.nbcwashington.com/investigations/Maryland-State-Police-Shut-Down-Shell-Casings-Database-367017441.html 15. ^Somers, Meredith (May 16, 2013). "O'Malley signs Maryland gun-control measure into law", Washington Times. Retrieved May 16, 2013. 16. ^"Firearm Safety Act of 2013". General Assembly of Maryland. 2013. 17. ^"[https://web.archive.org/web/20131103120153/https://www.mdsp.org/Organization/SupportServicesBureau/LicensingDivision/MainLicensingPage/HandgunRoster.aspx Handgun Roster Board Meeting]". Maryland State Police. Archived from [https://www.mdsp.org/Organization/SupportServicesBureau/LicensingDivision/MainLicensingPage/HandgunRoster.aspx the original] on November 3, 2013. 18. ^"[https://web.archive.org/web/20131103125911/https://www.mdsp.org/Organization/SupportServicesBureau/LicensingDivision/MainLicensingPage/LicensingandRegistration/Firearms/FirearmsCollectors.aspx Designated Firearms Collector]". Maryland State Police. Archived from [https://www.mdsp.org/Organization/SupportServicesBureau/LicensingDivision/MainLicensingPage/LicensingandRegistration/Firearms/FirearmsCollectors.aspx the original] on November 3, 2013. "A Designated Firearms Collector is a status granted and approved by the Maryland State Police upon submission of an application. It is granted to an individual who devotes time and attention to acquiring certain types of regulated firearms for the enhancement of the collector's personal collection, or possesses a Federal Collector's License (Curio and Relics). A Designated Firearms Collector is not authorized to act as a firearms dealer." 19. ^{{cite news|last=Dresser|first=Michael|title=Appeals court deals blow to Maryland gun control law|work=The Baltimore Sun|date=February 4, 2016|accessdate=April 28, 2016|url=http://www.baltimoresun.com/news/maryland/bs-md-court-guns-20160204-story.html}} 20. ^{{Cite web|url=https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/04/kolbe-v-hogan-4th-circuit-requires-strict-scrutiny-for-maryland-ban-on-magazines-and-semiautomatics/|title=Kolbe v. Hogan: 4th Circuit requires strict scrutiny for Maryland ban on magazines and semiautomatics|work=The Washington Post|access-date=April 28, 2016 }} 21. ^{{Cite web|url=https://www.nraila.org/articles/20160304/federal-court-of-appeals-to-review-important-gun-rights-decision|title= Federal Court of Appeals to Review Important Gun Rights Decision|work=NRA-ILA|access-date=April 28, 2016 }} 22. ^Testimony by John Parker Sweeney" (mp3). United States Court of Appeals for the Fourth Circuit. 23. ^"[https://www.nbcnews.com/news/us-news/assault-weapons-not-protected-second-amendment-federal-appeals-court-rules-n724106 Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules]". Associated Press. NBC News. February 22, 2017. 24. ^{{Cite news|url=https://www.bloomberg.com/news/articles/2017-11-27/assault-rifle-open-carry-appeals-rejected-by-u-s-supreme-court|title=U.S. Supreme Court Rejects Assault Rifle, Open-Carry Appeals|date=November 27, 2017 |work=Bloomberg.com|access-date= November 28, 2017 }} 25. ^[https://www.baltimoresun.com/news/maryland/politics/bs-md-handgun-board-senate-20190325-story.html Maryland Senate votes to abolish the state's Handgun Permit Review Board; measure moves to House, March 26, 2019] 26. ^[Concealed Carry Permit Holders Across the United States, Crime Prevention Research Center, July 9, 2014] 27. ^Associated Press (March 5, 2012). [https://www.washingtonpost.com/local/apnewsbreak-federal-judge-finds-md-handgun-permit-law-infringes-2nd-amendment-rights/2012/03/05/gIQAY5UosR_story.html "Federal Judge Finds Right to Bear Arms Not Limited to Home, Md. Handgun Law Unconstitutional"], The Washington Post. Retrieved March 7, 2012. 28. ^4th Circuit Court of Appeals (March 21, 2013). "Published Opinion - Raymond Woollard, et al. v. Denis Gallagher, et al.", 4th Circuit Court of Appeals. Retrieved May 27, 2012. 29. ^Riddell, Kelly (December 30, 2014). "Gun Owners Fear Maryland Cops Target Them for Traffic Stops", Washington Times. Retrieved January 1, 2015. 2 : Maryland law|United States gun laws by state |
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