Gun laws in Maryland regulate the sale, possession, and use of firearms and
ammunition in the state of Maryland in the United States.
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.
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 notwithstanding. Regulated firearms
The Maryland State Police maintain a registry of "regulated firearms" that
are allowed to be sold within the state. Dealers must forward the
manufacturer-included shell casing 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.
Residents may only purchase handguns manufactured after January 1, 1985 that
are on the approved handguns list from the Maryland Handgun Roster
Laws prohibiting firearms As of 1 October 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 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. Only handguns on the official handgun roster 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 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, 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. Firearms are prohibited from certain
places, including schools and demonstrations.
Open and Concealed Carry Carrying a handgun, whether openly or
concealed, is prohibited 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 may
issue a permit to carry a handgun at their discretion and based on an
investigation. In practice, very few applicants are granted carry permits,
and approval typically requires the applicant to provide proof of a clear
and imminent threat on his or her life. Permits are not automatically renewed,
and the permit-holder must justify the continued need for the permit when
applying for renewal. No permit is required to openly carry a rifle or
shotgun in Maryland. 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. On March 21, 2013,
a three judge panel of the Fourth Circuit Court of Appeals unanimously
overturned the District Court ruling, holding that the "good & substantial
cause" requirements imposed by Maryland law are permissible without violating
the 2nd Amendment. Recent events
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. Governor Martin O'Malley signed the legislation
into law on May 16, 2013. Regarding ten 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.
Maryland police have been accused of targeting drivers from other states
including Florida because they hold concealed-carry permits.
Summary table References