Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.
Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.
| Subject / law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| State permit required to purchase? | No | Yes | Md Public Safety Article Section 5-117.1 [1] | A Handgun Qualification License is required, unless exempted (Active Duty/Retired Military with identification cards, Active/Retired Law Enforcement with department credentials, Federal Firearms Licensees); training is required, unless exempted; fingerprints are required; background checks are required; does not invalidate the requirement to perform a comprehensive background check for every handgun purchase transaction. [1] On November 21, 2023, a three-judge panel in the Fourth Circuit voted 2-1 to strike down the handgun licensing requirement as unconstitutional on 2A grounds. [2] On January 11, 2024, the Fourth Circuit agreed to rehear the challenge en banc. [3] |
| Firearm registration? | No | Yes | The state police maintain a permanent record of all handgun transfers. Automatic weapons must be registered with the state police. | |
| Owner license required? | No | No | ||
| Permit required for concealed carry? | N/A | Yes | Maryland is a de jure "may issue" state for concealed carry, but in light of the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen , Governor Larry Hogan directed law enforcement to cease enforcement of the "good and substantial reason" requirement to obtain a concealed carry permit. As a result, Maryland is de facto a "shall issue" state. | |
| Permit required for open carry? | No | Yes | Open carry is permitted with a carry license, but is not generally practiced except by uniformed private security officers. Though this is subjective with the issuance of shall-issue permits now. Long guns and antique handguns may be carried openly without a license. | |
| State preemption of local restrictions? | Yes | Yes | Maryland has state preemption for most but not all firearm laws. | |
| "Assault weapon" law? | Yes | Yes | Md Criminal Law Article Section 4-303 Firearms Safety Act of 2013 | Certain models of firearms are banned as "assault pistols" and "assault long guns". It is illegal to possess an "assault weapon" or a copycat weapon with two or more specified features (folding stock, grenade/flare launcher, flash suppressor) unless owned before 10/1/2013, or received through inheritance from a lawful possessor and not otherwise forbidden to possess. [1] Some local counties have adopted Second Amendment sanctuary resolutions in opposition to assault weapon laws. [4] |
| Magazine capacity restriction? | Yes | Yes | Illegal to purchase, sell or manufacture magazines with a capacity of greater than 10 rounds within Maryland. However, possession of magazines greater than 10 rounds is legal if purchased out of state. These may not, however, be transferred to a subsequent owner unless done so outside the state of Maryland. | |
| NFA weapons restricted? | No | No | Automatic firearms, SBSs, and SBRs must be owned in compliance with federal law. Law is silent in regards to DDs, suppressors, and AOWs. | |
| Background checks required for private sales? | Yes | Yes | GAM Public Safety, §5-124 | All private transfers of firearms must be processed through a licensed dealer or designated law enforcement agency which must conduct a background check on the buyer. |
| Red flag law? | Yes | Yes | [5] |
| Gun laws in Maryland [6] [7] [8] | |
|---|---|
 | |
| Constitution | |
| Constitution sections | Constitution of Maryland, Declaration of Rights. |
Synopsis
| |
| Preemption and local regulation | |
| Preemption sections | Criminal Law – §4–209. Public Safety – § 5–134. |
Synopsis
| |
| Local regulation sections | See below for existing local regulations. |
| Registration | |
| Ownership registration sections | Criminal Law – §4-401. Criminal Law – § 4-403. |
Synopsis
| |
| Purchase registration sections | Public Safety – § 5–101. Annapolis City – § 11.44.030 |
Synopsis
| |
| Restricted or prohibited items | |
| Restricted firearms sections | Criminal Law – § 4-301. Criminal Law – § 4-303. |
Synopsis
| |
| Restricted accessories sections | Criminal Law – § 4-305. |
Synopsis
| |
| Restricted or prohibited places | |
| Restricted places sections | Criminal Law – § 4-102. Criminal Law – § 4-208. |
Synopsis
| |
| Restricted or prohibited persons | |
| Underage persons sections | Public Safety – § 5–101. Public Safety – § 5–134. |
Synopsis
| |
| Restricted persons sections | Public Safety – § 5–101. Public Safety – § 5–134. |
Synopsis
| |
| Convicted persons sections | Public Safety – § 5–101. Public Safety – § 5–134. |
Synopsis
| |
| Manufacturing | |
| Manufacturing regulations sections | Public Safety – § 5–402. Public Safety – § 5–406. |
Synopsis
| |
| Sale, purchase, and transfer | |
| Dealer regulations sections | Public Safety – § 5–106. Public Safety – § 5–118. |
Synopsis
| |
| Private sale regulations sections | Public Safety – § 5–106. |
Synopsis
| |
| Gun show regulations sections | Public Safety – § 5–130. |
Synopsis
| |
| Transportation and carry | |
| Transportation restrictions sections | Criminal Law – § 4-201. Criminal Law – § 4-203. |
Synopsis
| |
| Open carry restrictions sections | Criminal Law – § 4-201. Public Safety – § 5–303. |
Synopsis
| |
The 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. [6] [7] [8]
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 as mentally ill from buying a gun notwithstanding. [14]
The 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. [15]
Until 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). [7] [8] The program was shut down in 2015 due to its ineffectiveness. [16]
On 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. [17] 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. [18]
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. [6] Only handguns on the official handgun roster [19] 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, [20] 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. [7] [8]
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. [21] [22] On March 4, 2016, Fourth Circuit agreed to rehear the case en banc and oral arguments took place on May 11, 2016. [23] [24] The full court ruled that such assault weapons and magazines holding more than 10 rounds are not protected by the Second Amendment; [25] the Supreme Court refused to hear the case. [26]
Firearms are prohibited from certain places, including schools and demonstrations.[ citation needed ]
In 2022 Maryland governor Larry Hogan allowed legislation that will, according to The Washington Post, "ban the sale, receipt and transfer of unfinished frames or receivers that are not serialized by the manufacturer" to become law without his signature. This law will also ban the mere possession of such items starting in March 2023.
On November 21, 2023, a three-judge panel in the Fourth Circuit voted 2-1 to strike down the handgun licensing requirement as unconstitutional on 2A grounds. [27]
Carrying a handgun, whether openly or concealed, is prohibited except in limited events such as hunting or, 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 shall issue a permit to carry a handgun once an individual meets the minimum permitting requirements. Following the NYSRPA v. Bruen Supreme Court ruling, no state can require an individual to show "Good Cause" nor can a State require a "Good and substantial reason" for an individual to obtain a permit to carry a handgun. Permits are not automatically renewed. Out of a total population of 6 million, there were 14,298 active carry permits as of April 2014. [28] No permit is required to openly carry a rifle or shotgun in Maryland.
On August 5, 2019, Maryland State Police issued a new S.O.P. SOP 29-19-004 [29] which rescinded the previous SOP 29-15-007. 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. [30] 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. [31]
On June 23, 2022, the United States Supreme Court ruled in New York State Rifle & Pistol Association, Inc. v.Bruen that New York's "may issue" concealed carry law is unconstitutional, writing, "New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public". [32] Although this does not specifically target the laws passed in Maryland, it upholds the March 5, 2012 decision in Woollard v Sheridan and opens the way for litigation that, based on this U.S. Supreme Court precedent, will likely prevail over objections from the State of Maryland.
Maryland police have been accused of targeting drivers from other states including Florida because they hold concealed-carry permits. [33]
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as "brandishing" and may constitute a serious crime, but is not the mode of "carrying" discussed in this article.
In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark decision of the Supreme Court of the United States. It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms—unconnected with service in a militia—for traditionally lawful purposes such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that certain restrictions on guns and gun ownership were permissible. It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense or whether the right was only intended for state militias.
Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.
McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Fourteenth Amendment and is thereby enforceable against the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller (2008) as to the scope of gun rights in regard to the states.
Gun laws in Florida regulate the sale, possession, and use of firearms and ammunition in the state of Florida in the United States.
Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. New York's gun laws are among the most restrictive in the United States.
Gun laws in Colorado regulate the sale, possession, and use of firearms and ammunition in the state of Colorado in the United States.
Gun laws in Delaware regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Delaware.
Gun laws in the District of Columbia regulate the sale, possession, and use of firearms and ammunition in Washington, D.C.
Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.
Gun laws in Michigan regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Michigan.
Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.
Gun laws in Tennessee regulate the sale, possession, and use of firearms and ammunition in the state of Tennessee in the United States.
Gun laws in Vermont regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Vermont.
Woollard v. Sheridan, 863 F. Supp. 2d 462, reversed sub. nom., Woollard v Gallagher, 712 F.3d 865, was a civil lawsuit brought on behalf of Raymond Woollard, a resident of the State of Maryland, by the Second Amendment Foundation against Terrence Sheridan, Secretary of the Maryland State Police, and members of the Maryland Handgun Permit Review Board. Plaintiffs allege that the Defendants' refusal to grant a concealed carry permit renewal to Mr. Woollard on the basis that he "...ha[d] not demonstrated a good and substantial reason to wear, carry or transport a handgun as a reasonable precaution against apprehended danger in the State of Maryland" was a violation of Mr. Woollard's rights under the Second and Fourteenth Amendments, and therefore unconstitutional. The trial court found in favor of Mr. Woollard, However, the Fourth Circuit Court of Appeals reversed the trial court and the U.S. Supreme Court declined to review that decision.
People v. Aguilar, 2 N.E.3d 321, was an Illinois Supreme Court case in which the Court held that the Aggravated Unlawful Use of a Weapon (AUUF) statute violated the right to keep and bear arms as guaranteed by the Second Amendment. The Court stated that this was because the statute amounted to a wholesale statutory ban on the exercise of a personal right that was specifically named in and guaranteed by the United States Constitution, as construed by the United States Supreme Court. A conviction for Unlawful Possession of a Firearm (UPF) was proper because the possession of handguns by minors was conduct that fell outside the scope of the Second Amendment's protection.
Gun laws in the Northern Mariana Islands regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of the Northern Mariana Islands. As the Northern Mariana Islands is a commonwealth of the United States, many federal laws apply, as well as Constitutional rulings and protections.
New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), abbreviated NYSRPA v. Bruen and also known as NYSRPA II or Bruen to distinguish it from the 2020 case, is a landmark decision of the United States Supreme Court related to the Second Amendment to the United States Constitution. The case concerned the constitutionality of the 1911 Sullivan Act, a New York State law requiring applicants for a pistol concealed carry license to show "proper cause", or a special need distinguishable from that of the general public, in their application.