Colonel William A. Phillips

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Location of Maryland in the United States

Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.

Summary table

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? Partial Yes GAM Public Safety, §5-124 All private transfers of regulated firearms (handguns or assault weapons) 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]


State constitution

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]

Regulated firearms

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]

Integrated Ballistics Identification System

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]

Laws prohibiting firearms

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]

Open and concealed carry

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]

References

  1. ^ a b c Senate Bill 281: Firearm Safety Act of 2013, Maryland Legislature 2013 Regular Session. Retrieved October 9, 2013.
  2. ^ "MSI v. Moore Appellate Opinion" (PDF). CourtListener. November 21, 2023. Retrieved November 25, 2023.
  3. ^ "MSI v. Moore Order Granting En Banc Rehearing" (PDF). CourtListener. January 11, 2024. Retrieved January 11, 2024.
  4. ^ "Second Amendment sanctuary?". sunnysidesun.com. Retrieved March 9, 2019.
  5. ^ "Ban On 'Bump Stocks' Among New Gun Regulations In Maryland | WAMU". WAMU. Retrieved April 28, 2018.
  6. ^ a b c "Bureau of Alcohol, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms" (PDF). Archived from the original (PDF) on November 9, 2011. Retrieved November 23, 2011.
  7. ^ a b c d "State Gun Laws: Maryland", National Rifle Association – Institute for Legislative Action. Retrieved December 31, 2012.
  8. ^ a b c d "Maryland State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31, 2012.
  9. ^ a b "Bureau of Alcohol, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms, p.214" (PDF). Retrieved November 23, 2011.
  10. ^ "Bureau of Alcohol, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms, p.215" (PDF). Archived from the original (PDF) on November 9, 2011. Retrieved November 23, 2011.
  11. ^ "Bureau of Alcohol, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms, p.216" (PDF). Archived from the original (PDF) on November 9, 2011. Retrieved November 23, 2011.
  12. ^ a b "Bureau of Alcohol, Tobacco, Firearms, and Explosives – State Laws and Published Ordinances – Firearms, p.218" (PDF). Archived from the original (PDF) on November 9, 2011. Retrieved November 23, 2011.
  13. ^ "Maryland Regulated Firearm Training On-Line". Mdgunsafety.com. January 1, 2002. Retrieved November 23, 2011.
  14. ^ "Maryland Constitution - Declaration of Rights".
  15. ^ "Public Safety, §5–406 (a) (2)", Code of Public General Laws (Statutes) of Maryland.
  16. ^ "Maryland State Police Shut Down Bullet Database". January 29, 2016.
  17. ^ Somers, Meredith (May 16, 2013). "O'Malley signs Maryland gun-control measure into law", Washington Times. Retrieved May 16, 2013.
  18. ^ "Firearm Safety Act of 2013". General Assembly of Maryland. 2013.
  19. ^ "Handgun Roster Board Meeting". Maryland State Police. Archived from the original on November 3, 2013.
  20. ^ "Designated Firearms Collector". Maryland State Police. Archived from 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."
  21. ^ Dresser, Michael (February 4, 2016). "Appeals court deals blow to Maryland gun control law". The Baltimore Sun. Retrieved April 28, 2016.
  22. ^ "Kolbe v. Hogan: 4th Circuit requires strict scrutiny for Maryland ban on magazines and semiautomatics". The Washington Post. Retrieved April 28, 2016.
  23. ^ "Federal Court of Appeals to Review Important Gun Rights Decision". NRA-ILA. Retrieved April 28, 2016.
  24. ^ Testimony by John Parker Sweeney" (mp3). United States Court of Appeals for the Fourth Circuit.
  25. ^ "Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules". Associated Press. NBC News. February 22, 2017.
  26. ^ "U.S. Supreme Court Rejects Assault Rifle, Open-Carry Appeals". Bloomberg.com. November 27, 2017. Retrieved November 28, 2017.
  27. ^ "MSI v. Moore Appellate Opinion" (PDF). November 21, 2023. Retrieved November 25, 2023.
  28. ^ [Concealed Carry Permit Holders Across the United States, Crime Prevention Research Center, July 9, 2014]
  29. ^ "SOP 29-19-004" (PDF). Maryland State Police Licensing. Licensing Division Personnel. Retrieved August 5, 2019.
  30. ^ Associated Press (March 5, 2012). "Federal Judge Finds Right to Bear Arms Not Limited to Home, Md. Handgun Law Unconstitutional", The Washington Post. Retrieved March 7, 2012.
  31. ^ 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.
  32. ^ Supreme Court (June 23, 2022). "U.S. Supreme Court Finds "May Issue" Requirements To Be Unconstitutional
  33. ^ Riddell, Kelly (December 30, 2014). "Gun Owners Fear Maryland Cops Target Them for Traffic Stops", Washington Times. Retrieved January 1, 2015.
source: https://en.wikipedia.org/wiki/Gun_laws_in_Maryland