Pursuant to the authority conferred by Article 23A, Section 2B of the Annotated Code of Maryland and by Section 1-203 of the Montgomery County Code, the City exempts itself from the provisions of Chapter 57, Weapons, Section 57-5A, Child Safety Handgun Devices and Handguns, and Section 57-7A, Firearms In or Near Places of Public Assembly, of the Montgomery County Code.
(Ord. 2001-27 § 2(1), 2001)
"Child safety handgun box"
means a secure, lockable box designed to hold the handgun being transferred that:
1. 
Requires a key or combination to remove; and
2. 
Renders the handgun inaccessible when locked.
"Child safety handgun device"
means a child safety handgun lock, child safety handgun box, or integrated mechanical safety device.
"Child safety handgun lock"
means a device that when locked in place prevents movement of the trigger of the handgun being transferred without first removing the lock by use of a key or combination. "Child safety handgun lock" also includes any other external device that is:
1. 
Attached to a handgun with a key or combination lock; and
2. 
Designed to prevent a handgun from being discharged unless the device has been deactivated or removed.
"Gun" or "firearm"
means a handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or any other firearm, whether loaded or unloaded, except it does not include an antique firearm.
1. 
"Antique firearm"
means:
a. 
Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and
b. 
Any replica of any firearm described in subparagraph (a), if such replica:
i. 
Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
ii. 
Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
2. 
"Handgun"
means any pistol, revolver, or other firearm capable of being concealed on the person, including a short-barreled shotgun and a short-barreled rifle. "Handgun" does not include a shotgun, rifle, or antique firearm.
3. 
"Rifle"
means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and 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 rifle bore for each single pull of the trigger.
4. 
"Short-barreled rifle"
means a rifle having one or more barrels less than 16" in length and any weapon made from a rifle (whether by alteration, modification or otherwise) if such weapon as modified has an overall length of less than 26".
5. 
"Short-barreled shotgun"
means a shotgun having one or more barrels less than 18" in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such weapon as modified has an overall length of less than 26".
6. 
"Shotgun"
means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and 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 either a number of ball shot or a single projectile for each single pull of the trigger.
"Integrated mechanical safety device"
means a disabling or locking device that is built into a handgun and is designed to prevent the handgun from being discharged unless the device has been deactivated.
"Law enforcement officer"
means:
1. 
A duly appointed member of a police force or other agency of the United States, of a State or the District of Columbia, or of a County, municipality, or other political subdivision, who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, a State or the District of Columbia, or a County, municipality, or other political subdivision;
2. 
Any military or militia personnel directed by the appropriate authority to keep law and order.
"Minor"
means an individual younger than 18 years old.
"Place of public assembly"
means:
1. 
A place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but is not limited to a place devoted solely to the uses of the public.
2. 
A place of public assembly includes, but is not limited to:
a. 
A public park or other public grounds;
b. 
A place of worship;
c. 
A school;
d. 
A public building, including its grounds and curtilage;
e. 
The front or immediate area or parking lot of any store, shop, restaurant, tavern, shopping center, or other place of business; and
f. 
A public parking lot.
3. 
A place of public assembly includes all property associated with the place and located within 100 yards of the place.
(Ord. 2001-27 § 2(2), 2001)
A. 
No person shall discharge a firearm in the City.
B. 
This section does not apply to:
1. 
The discharge of a firearm by a law enforcement officer acting in the proper performance of his or her official duties;
2. 
The discharge of a firearm where necessary to protect life or property or to kill any dangerous threatening animal;
3. 
The discharge of a firearm by any person in a private basement or cellar target range;
4. 
The discharge of blank ammunition in musical and theatrical performances, parades, historical reenactments, or sporting events;
5. 
The firing of salutes by firing squads at military funerals; or
6. 
The discharge of firearms at any target, trap, skeet or shooting range which has been inspected and approved in writing by the Montgomery County Range Approval Committee and/or by any other licensing or approval authority having jurisdiction over such range.
(Ord. 2001-27 § 2(3), 2001)
A. 
Findings. The unintentional discharge of handguns often causes accidental death or injury to children. Additional safeguards are needed to protect children from injury or death from the unintentional discharge of loaded and unlocked handguns. Requiring all handguns in the City to have and use handgun safety devices can prevent unintentional injuries and fatalities to children.
B. 
It is unlawful for any person, other than a law enforcement officer, to carry, transport or keep a handgun in the City without a child safety handgun device installed on the handgun.
(Ord. 2001-27 § 2(4), 2001)
A. 
Except as provided in this section, no person shall use, carry, transport, keep or leave any firearm in any location where the person knows or reasonably should know that a minor could gain access to the firearm in a residence that is used for programs or activities primarily serving minors during the times in which such activities or programs meet. "Programs or activities primarily serving minors" include day care, child care, recreation programs, sports programs, day camps, club meetings, tutoring programs, and other organized and regular educational activities.
B. 
This section does not:
1. 
Prohibit the teaching of firearms safety training for educational purposes in the areas described in subsection (A) of this section;
2. 
Prohibit historic demonstrations using weapons or replicas of weapons for educational purposes in the areas described in subsection (A) of this section;
3. 
Apply to a law enforcement officer or to a security guard licensed to carry a firearm when the law enforcement officer or security guard is in the course of his or her employment or duty or is traveling to or from the place of employment or duty;
4. 
Apply to an unloaded firearm in a locked case or in a child safety handgun box; or
5. 
Apply to activities serving only the person's own minor child or children in the person's own residence, such as babysitting of the child or home schooling.
(Ord. 2001-27 § 2(5), 2001)
A. 
A person must not purchase, sell, transfer, possess, or transport firearms or ammunition or components for firearms in a place of public assembly.
B. 
This section does not:
1. 
Prohibit the teaching of firearms safety training or other educational use in a place of public assembly;
2. 
Apply to a law enforcement officer;
3. 
Apply to a security guard licensed to carry a firearm when the security guard is in the course of his or her employment or is traveling to or from the place of employment;
4. 
Apply to the possession of firearms or ammunition in a person's own home;
5. 
Apply to the possession of one firearm, and ammunition for the firearm at a business by either the owner or an authorized employee of the business;
6. 
Apply to the possession of a handgun by a person who has received a permit to carry the handgun under State law; or
7. 
Apply to separate ammunition or an unloaded firearm:
a. 
Transported in an enclosed case or in a locked firearms rack on a motor vehicle; or
b. 
Being surrendered in connection with a gun turn-in or similar program approved by a law enforcement agency.
(Ord. 2001-27 § 2(6), 2001)
Any violation of this chapter is a Class A misdemeanor offense, and on conviction is subject to a fine of $1,000.00 or a term of imprisonment of not more than 180 days, or both.
(Ord. 2001-27 § 2(7), 2001)