City of Baltimore
Baltimore City Code

§ 60-1. Definitions.

(a) In general.

In this subtitle, the following terms have the meanings indicated.

(b) Convicted.

"Convicted" means:

(1) having been found guilty of a gun offense by a jury or judicial officer;

(2) the acceptance of a plea of guilty or nolo contendere for a gun offense;

(3) having been granted a probation before judgment after a finding of guilt for a gun offense, if the court orders compliance with this subtitle as a condition of probation; or

(4) having been found not criminally responsible for a gun offense.

(c) Correctional facility.

"Correctional facility" means a facility that is operated for the purpose of detaining or confining adults who are charged with or found guilty of a crime.

(d) Gun offender.

(1) In general.

"Gun offender" means any person who is convicted of a gun offense in the Circuit Court for Baltimore City or the District Court of Maryland for Baltimore City.

(2) Exclusions.

"Gun offender" does not include a person:

(i) whose conviction for a gun offense has been reversed on appeal or otherwise set aside pursuant to law; or

(ii) who has been pardoned by the Governor.

(e) Gun offense.

"Gun offense" means:

(1) a violation of any of the following sections of the State Criminal Law Article:

(i) § 4-203 {Wearing, carrying, or transporting a handgun};

(ii) § 4-204 {Use of a handgun or antique firearm in commission of a crime};

(iii) § 4-303 {Assault [pistols] weapons – Prohibited};

(iv) § 4-305 {Detachable magazines – Prohibited};

(v) § 4-305.1 {Rapid fire trigger activators – Prohibited};

(vi) § 4-404 {Use of a machine gun in a crime of violence};

(vii) § 4-405 {Use of a machine gun for an aggressive purpose};

(viii) § 5-621 {Crimes involving controlled dangerous substances and paraphernalia – Use of a weapon as separate crime}; or

(ix) § 5-622 {Firearm crimes}; or

(2) a violation of any of the following sections of the State Public Safety Article:

(i) § 5-106 {License required to engage in the business of selling, renting, or transferring regulated firearms};

(ii) § 5-123 {Dealer – Sale, rent, or transfer of a regulated firearm prior to the expiration of 7-day waiting period};

(iii) § 5-124(a) {Non-dealer – Sale, rent, or transfer of a regulated firearm prior to the expiration of 7-day waiting period};

(iv) § 5-125(b) {Sale, rent, or transfer of a regulated firearm to a firearm applicant whose firearm application is placed on hold};

(v) § 5-132(c)(1) {Dealer – sale, offer for sale, rent, or transfer a handgun manufactured on or before December 31, 2002, without an external safety lock};

(vi) § 5-133(b) {Possession of a regulated firearm prohibited};

(vii) § 5-133(c) {Restrictions on possession of regulated firearms – Penalty for possession by a person convicted of crime of violence};

(viii) § 5-133(d) {Possession of regulated firearms by a person under age of 21 years prohibited};

(ix) § 5-134 {Sale, rent, or transfer of a regulated firearm to a restricted individual};

(x) § 5-136 {Straw purchase of a regulated firearm};

(xi) § 5-138 {Sale, transfer, or disposal of a stolen regulated firearm prohibited};

(xii) § 5-140 {Transporting a regulated firearm for unlawful sale or trafficking};

(xiii) § 5-141 {Knowing participation in straw purchase};

(xiv) § 5-142 {Removal or alteration of identification mark or number on firearm};

(xv) § 5-144 {Knowing participation in any violation of Title 1, Subtitle 5 of the State Public Safety Article}

(xvi) § 5-203 {Possession of a short-barreled rifle or short-barreled shotgun};

(xvii) § 5-205 {Possession of a rifle or shotgun by a person with mental disorder};

(xviii) § 5-206 {Person convicted of crimes of violence prohibited from possessing a rifle or shotgun}; or

(xix) § 5-406 {Manufacture or sale of handguns}; or

(3) a violation of any of the following sections of this City Code Article 19 {"Police Ordinances"}:

(i) § 59-1 {Carrying long-barrel firearms}; or

(ii) § 59-2 {Discharging firearms}.

(f) Police Commissioner.

"Police Commissioner" means the Police Commissioner of Baltimore City or his or her designee.