Okay, here's the skinny. People were asking our employees at the range what the local laws were in Maryland concerning firearms. We did the research and found this on an NRA site.
Please note this information was obtained from an NRA site, but to the best of our knowledge it is accurate. Local laws are subject to change without notice.
Don't live in Maryland? Check out the Official NRA page for all 50 states.
STATE CONSTITUTIONAL PROVISIONS: None.
POSSESSION
No permit is required to possess a rifle or shotgun.
Possession of a handgun is prohibited by any person who:
a. Has been convicted of a crime of violence.
b. Has been convicted of a violation of the Maryland Pistol Law.
c. Is a fugitive from justice.
d. Is a habitual drunkard.
e. Is an addict or habitual user of narcotics, barbiturates or amphetamines.
f. Suffers from a mental disorder and has a history of violent
behavior, or has been confined for
more than 30 consecutive days to a mental facility unless the
person possesses a physician's
certificate stating that the person is capable of possessing a
pistol or revolver without undue danger
to the person or others. Such a person is also prohibited from
possessing a rifle or shotgun, unless
the person possesses an above described physician's certificate.
It is unlawful to possess, sell, offer to sell, transfer, or
receive a so-called "assault pistol." Current
owners may possess such a pistol if it was registered with the
state police before August 1, 1994. A registered pistol may be
inherited. The following semiautomatic pistols or their copies
are "assault pistols":
AA Arms AP-9; Bushmaster; Claridge HI-Tec; D-Max Industries;
Encom Mk-IV, MP-9, and
MP-45; H & K SP-89; Holmes MP83; Ingram MAC 10/11 and any
variations, including Partisan
Avenger and SWD Cobray; Intratec TEC-9 and DC-9 (centerfire only);
P.A.W.S.; Skorpion;
Spectre; Uzi; Weaver Arms "Nighthawk"; Wilkinson Arms
"Linda".
After June 1, 1994, it is unlawful to sell, offer to sell,
transfer, or receive any firearm magazine
(except a tube magazine for a .22) that will hold more than 20
rounds. Possession is not prohibited.
PURCHASE
No permit is required to purchase a rifle or shotgun but no firearm or ammunition may be sold to any minor under the age of 18 without express parental consent.
A person may not purchase more than one regulated firearm (defined
as any handgun or assault
weapon as defined in this section) in a 30-day period. The provisions
of this subsection do not apply to: (1) a private security company
licensed to do business within the State, (2) the purchase of
antique firearms as defined under Maryland law, (3) purchases
by a licensed firearms dealer, (4) the exchange or replacement
of a regulated firearm by a seller for a regulated firearm purchased
from the seller by the same person seeking the exchange or replacement
within the 30-day period immediately preceding the date of exchange
or replacement, (5) or a person whose regulated firearm is stolen
or irretrievably lost and who considers it essential that the
regulated firearm be replaced immediately if the person provides
the licensed regulated firearms dealer with a copy of the official
police report which contains the name and address of the regulated
firearm owner, a description of the regulated firearm, the location
of the loss or theft, the date of the loss or theft, and the date
which the loss or theft was reported to the law enforcement agency.
A person who is not a regulated firearms dealer may not sell,
rent, transfer, or purchase any
regulated firearm without going through a regulated firearms dealer.
It is unlawful for any person to sell or transfer a handgun
to any person whom he knows or has
reasonable cause to believe is prohibited from possessing a handgun
(see "POSSESSION" above) or if the buyer or transferee
is:
a. Of unsound mind.1
b. Visibly under the influence of alcohol or drugs.
c. Under 21.
Purchase of a handgun or "assault weapon" from a dealer is subject to disapproval by the Maryland State Police during a seven-day waiting period.
The buyer must complete an application form which is sent by
the dealer to the State Police for
investigation. The applicant is required to provide information
regarding his eligibility to purchase or possess a handgun, and
a description (including a serial number) of the handgun being
purchased. Fingerprints are not required. There is a $10 fee.
The application may be disapproved only if the purchaser is ineligible or if the information supplied is false or incomplete. If no action is taken within seven working days from the date the application is forwarded by the dealer, the handgun may be delivered to the purchaser.2 In no case, however, may the handgun be delivered before seven days, even if the application is approved earlier.
A person whose application is denied may request a hearing
within 30 days before the Secretary of State Police, who must
hold such hearing within 15 days. At the hearing, and in any subsequent
court review, the decision generally will be sustained unless
it is shown to have been "arbitrary and capricious."
A person may not manufacture, sell or offer for sale a handgun manufactured after January 1, 1985 that is not included on a Handgun Roster of approved handguns, which roster is compiled by a Board composed of nine members appointed by the Governor for a term of four years. Any person who manufactures a handgun for distribution or sale or who sells or offers for sale a handgun in violation of this section shall be guilty of a misdemeanor and shall be fined not more than, $10,000 (manufacture for sale) or $2,500 (offer for sale).
Such Board is to compile a roster of permitted handguns based upon their usefulness for legitimate sporting, self-protection, law-enforcement purposes. Such roster will be published semi-annually. A person may petition the Board to place a handgun on the roster, but the burden of proof is upon that person that such handgun should be placed on the roster. The Board shall, within 45 days of receipt of the petition, deny or approve such petition. However, if the Board fails to deny or approve the petition within 45 days, the petition shall be considered denied. A petitioner may request a hearing within 15 days from the date of denial. The petitioner shall have the burden of proving that the handgun is useful for legitimate sporting, law-enforcement or self-protection purposes.
A person who displays a regulated firearm for sale or transfer from a table or fixed display at a gun show shall first obtain a temporary transfer permit from the Secretary of State Police. A criminal history and background check shall be conducted. If there is no reason to disapprove the application, the Secretary shall issue the permit within seven days of the date of application. The cost of an initial temporary transfer permit during the same calendar year is $10.00; an additional temporary transfer permit during the same calendar year shall be issued without charge. A person may not receive more than five temporary transfer permits during a calendar year. Any person who holds a valid pistol and revolver dealer's license under § 443 of the Maryland Annotated Code is exempt from the above requirements.
CARRYING AND TRANSPORTATION IN VEHICLES
Rifles and shotguns being transported in motor vehicles must be unloaded.
It is a crime to wear or carry openly any rifle or shotgun
with the intent or purpose of unlawfully
injuring any person.
It is unlawful for any person without a permit to wear or carry
a handgun, openly or concealed,
upon or about his person, or to knowingly transport a handgun
in any vehicle traveling on public
roads, highways, waterways or airways, or upon roads or parking
lots generally used by the public. This does not apply to any
person wearing, carrying or transporting a handgun within the
confines of real estate owned or leased by him, or on which he
resided, or within the confines of a business establishment owned
or leased by him.3
Federal and Maryland State or local law enforcement officers generally are exempt from the permit requirement. However, sheriffs and their deputies are exempted only while on active assignment engaged in law enforcement, and only with respect to handguns which they are duly authorized to wear, carry or transport as part of their official equipment. Law enforcement officers from other states are exempt only while on official business.
No violation is committed by any person who can demonstrate
that the handgun is being carried,
worn or transported:
1. To or from a place of legal purchase or sale, or repair shop.
2. Between such person's bona fide residences, or between his
residence and place of business, if
the business is operated and substantially owned by that person.
3. While engaged in, or traveling to and from a "target
shoot, formal or informal target practice,
sport shooting event, hunting, trapping, or dog obedience training
class or show."
4. By a bona fide gun collector who is "moving any part
or all of his gun collection from place to
place for public or private exhibition," and while such handguns
are actually on exhibition.
During transportation to and from the above places, the handgun must be unloaded, and carried in an enclosed case or enclosed holster.4
An additional penalty is provided for any person convicted
of unlawfully wearing, carrying or
transporting a handgun, if his deliberate purpose was to injure
or kill another person.
PERMIT TO CARRY
Application for a permit to carry a handgun is made to the
Secretary of State Police. The applicant
should submit a notarized letter stating the reasons why he is
applying for a permit, in addition to the printed application
form. The permit may be issued if the Secretary finds that the
applicant:
1. Is 18 years of age or older.
2. Has not been convicted of a felony, or of a crime punishable by imprisonment for more than one year.
3. Has not been committed within the previous 10 years to any
juvenile detention center for longer
than one year.
4. Is not an addict or alcoholic, nor has ever been convicted of a narcotics offense.
5. Has not, based on the results of investigation, exhibited a propensity for violence or instability.
6. Has, based on the results of investigation, "good and
substantial reason" to carry a handgun,
including a finding that the permit is "necessary as a reasonable
precaution against apprehended
danger."5
The Secretary may in his discretion add restrictions to the permit limiting the location, circumstances or time at which the handgun may be carried.
The Secretary may charge a $70.00 nonrefundable fee payable upon application. The renewal fee is $50.00. There is also a $5.00 fingerprint fee.
The permit is valid for two years after its issuance and expires
on the last day of the holder's birth
month. Subsequent renewals are valid for periods of three years
each. Applications for renewal
should be submitted 90 days prior to expiration.
A permit holder must carry his permit whenever he "carries,
wears or transports a handgun." The
permit authorizes the holder to carry any handgun which he may
legally own or possess.
It is unlawful for a permit holder to carry a handgun while under the influence of alcohol or drugs.
An applicant may appeal rejection to the Handgun Permit Review Board within ten days after receipt of a written notice of the Secretary's action .
NONRESIDENTS
Out-of-state permits to carry a handgun are not honored in Maryland.
ANTIQUES
An antique firearm, defined as one manufactured on or before 1898, or any replica thereof which is not designed for firing fixed ammunition or which uses fixed ammunition no longer manufactured in the United States and no longer readily available commercially, is exempted from state law.
MACHINE GUNS
A machine gun is defined as a weapon, "loaded or unloaded, from which more than one shot may be automatically discharged from a magazine by a single function of the firing device."
Possession of a machine gun for an "aggressive or offensive
purpose" is prohibited. A machine gun must be registered
within 24 hours of acquisition and annually thereafter with the
Secretary of
Police. There is a $10 fee.
A presumption of possession for an aggressive or offensive
purpose is raised by (a) a failure to
register, or (b) possession by a person who has been convicted
of a crime of violence or by an alien, or (c) possession elsewhere
than on one's premises owned or rented for permanent residence
or business occupancy, or (d) when empty or loaded shells for
the machine gun are "found in the immediate vicinity thereof."
This law does not "prohibit or interfere with" any machine gun which is (a) possessed for scientific purposes, or (b) not usable as a weapon and possessed as a "curiosity, ornament or keepsake," or (c) possessed "for a purpose manifestly not aggressive or offensive."
MISCELLANEOUS
It is unlawful to alter or obliterate the manufacturer's identification mark or number on any firearm. Any person in possession of such a weapon will be presumed to have committed the offense.
Persons wishing to sell and display firearms at gun shows must
have a trader's license unless they
can present an "Exhibitor's Affidavit" stipulating that
they (1) derive less than 10% of their income
from the sale of firearms, and (2) have not participated in more
than three shows during the previous 365 days.
The Maryland state legislature has reserved to itself (and denied to county and local governments) the right to regulate possession, sale, carrying and transportation of firearms.
It is unlawful to carry any firearm or deadly weapon of any kind on any public school property.
The use of a handgun in the commission of a felony or any crime of violence is a separate crime. In addition to any other sentence imposed, it is mandatory upon the court to impose no less than the minimum sentence of five years, which may not be suspended, nor may probation be granted.
It is unlawful to store or leave a loaded firearm where a person
knew or should have known an
unsupervised person under 16 would gain access to it.
Md. Code art. 27, §481E lists by name so-called "assault weapon" firearms.
1 If a person has spent more than 30 consecutive days in any
institution for treatment of a mental
disorder, he must provide a physician's certificate certifying
that he is capable of possessing a
handgun.
2 Most Maryland dealers who are licensed by the State Police routinely await approval from the State Police even after seven days have elapsed.
3 A supervisory employee also may wear, carry, or transport
a handgun within the confines of a
business establishment in which he is employed while he is acting
in the course of his employment, and if he has been authorized
to do so by the owner or manager.
4 An enclosed holster is any holster with a flap or strap to secure the handgun in the holster
5 This provision affords the Secretary wide discretion to grant or deny permits. Although originally drafted to guarantee that self-defense would not be excluded as a good and substantial reason the language presently is interpreted by law enforcement authorities to require a demonstration of "apprehended danger" as a prerequisite for issuance of the permit.