Disclaimer: The information contained herein is being presented to the HuronValleyGuns.com website users only as reference material to assist in the making of informed purchasing decisions; however, it is not intended to constitute legal advice nor counsel in determining compliance of the purchaser's Federal, State and Local gun laws, regulations and restrictions. HuronValleyGuns.com has used reasonable effort in providing this information, from sources deemed reliable, but does not warrant or guarantee the completeness, accuracy, adequacy or currency of the information contained herein, or linked to or from this website. The information provided here is presented as an overview to the myriad of laws, regulations and restrictions in selling to, and shipping into, the HuronValleyGuns.com customer's State, to be in compliance of that State's laws pertaining to restrictions of: firearms, dangerous weapons, ammunition, magazine round capacities, stun guns, Tasers, accessories, etc. Federal, State and Local gun laws are constantly changing, therefore, it is incumbent upon the purchaser to be thoroughly knowledgeable of the current status of Federal, State and Local gun laws governing their community, to assure that they are in compliance with those laws, regulations and restrictions.
|MARYLAND GUN LAWS - OVERVIEW|
Art. 27 §§291A, 442, 481A, et seq.
Types of Illegal Firearms
Possession, sale, transfer, or manufacture of the below firearms is illegal:
Waiting Period Before Purchase
Who May Not Own Guns
Maryland prohibits several different categories of individuals from owning or possessing pistols:
Laws Prohibiting Firearms On or Near School Grounds
Maryland does not regulate the sale of rifles or shotguns and no permit is required to purchase a rifle or shotgun that is not an "assault weapon."
Maryland does regulate the sale, transfer, rent and possession of regulated firearms, which consist of handguns and "assault weapons." However, the sale or transfer of "assault weapons" after October 1, 2013 is generally prohibited. 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. Alternatively, the prospective seller/transferor and prospective buyer/transferee may complete the transaction through a designated law enforcement agency.
It is unlawful for any person to sell or transfer a handgun to a person whom he knows or has reasonable cause to believe:
Additionally, it is generally unlawful for any person to sell, rent, or transfer a handgun unless the purchaser, lessee, or transferee presents a valid handgun qualification license. A handgun qualification license shall be issued to a person who:
A handgun qualification license must be issued or denied within 30 days of the application. Once issued, the license is valid for 10 years unless revoked. A fee of up to $20 may be charged to an applicant.
Purchase of a handgun from a regulated firearms dealer is subject to disapproval by the Secretary of the Maryland State Police during a seven-day waiting period. The buyer must complete an application form that is sent by the dealer or law enforcement agency to the Secretary of the State Police for investigation. The applicant is required to provide information regarding the buyer’s eligibility to purchase or possess a handgun, and a description (including a serial number) of the handgun being purchased. 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. Most Maryland dealers who are licensed by the Maryland State Police, however, routinely await approval from the State Police even after seven days have elapsed. In no case, 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 by writing to the Secretary of the State Police within 30 days after the Secretary forwards notice to the firearm applicant. The Secretary must schedule the hearing within 15 days. At the hearing, and in any subsequent court review, the decision generally will be sustained unless it is shown that the Secretary’s decision was arbitrary and capricious.
A person may not purchase more than one regulated firearm in a 30-day period, unless a person who’s regulated firearm is stolen or irretrievably lost within that 30 day period and who considers it essential that the regulated firearm be replaced immediately. In this situation, the person must provide 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 that the loss or theft was reported to the law enforcement agency.
A person may not manufacture, sell or offer for sale a handgun manufactured after January 1, 1985, that is not included on the Handgun Roster of approved handguns. The roster is compiled by a Handgun Roster Board that is composed of the Secretary of the State Police and ten additional members appointed by the Governor of Maryland.
The Handgun Roster Board also reviews the status of personalized handguns (defined as having an incorporated design technology allowing it to be fired only by a person who is the authorized user and that prevents any of the safety characteristics from being readily deactivated) and reports annually to the governor and legislature regarding whether such handguns are commercially available.
A regulated firearms dealer may not offer for sale or transfer any handgun manufactured on or before December 31, 2002, unless the handgun is offered for sale or transferred with an external safety lock. Beginning January 1, 2003, handguns manufactured after December 31, 2002, may only be sold or transferred if they have an internal mechanical safety device.
A person who displays a regulated firearm for sale or transfer from a table or fixed display at a gun show must first obtain a temporary transfer permit from the Secretary of State Police. A criminal history and background check will be conducted. If there is no reason to disapprove the application, the Secretary will issue the permit within seven days of the date of application. The cost of an initial temporary transfer permit is $10.00 and an additional temporary transfer permit during the same calendar year will be issued without charge. A person may not receive more than five temporary transfer permits during a calendar year.
|High-Capacity Magazines Restrictions|
|Stun Guns/Tasers Restrictions|
State Statute or Definition: (4-101 Defined as dangerous weapon, but legal.)
Subject to some exceptions, possession of "assault weapons" is generally prohibited in Maryland. Additionally, Maryland's prohibited person categories for possession of firearms are more extensive than federal law.
Possession of a firearm or ammunition is prohibited by any person who:
A person generally may not transport an "assault weapon" into Maryland or possess, sell, offer to sell, transfer, purchase, or receive an "assault weapon." An "assault weapon" is an "assault long gun," "assault pistol," or a "copycat weapon."
Assault Long Guns
An "assault long gun" is any one of the following firearms or their copies, regardless of which company produced and manufactured that firearm:
An "assault pistol” is any of the following firearms or a copy regardless of the producer or manufacturer:
A "copycat weapon" is:
Current owners may possess and transport an "assault pistol" if it was registered with the Secretary of the State Police before August 1, 1994 or an "assault long gun" or "copycat weapon" if the person lawfully possessed, had a purchase order for, or completed an application to purchase before October 1, 2013.
It is unlawful to sell, offer for sale, purchase, receive, or transfer any detachable firearm magazine (except a tubular magazine for a .22) that will hold more than 10 rounds.
A person who moves into the state must have all handguns and "assault weapons" registered with the Secretary within 90 days after establishing residency.
A person who is subject to a firearms disqualification as a result of an adjudication or commitment that occurred in the state MAY be authorized to possess a firearm if: the person is not subject to another firearms restriction, the Health Department (in accordance with this section) determines that the person MAY possess a firearm, a person who seeks relief from a firearms disqualification shall file an application with the Health Department in the form and manner set by the Health Department.
|PERMIT TO CARRY|
Application for a permit to carry a handgun is made to the Secretary of State Police. In addition to the printed application form, the applicant should submit a notarized letter stating the reasons why he is applying for a permit.
The permit may be issued if the Secretary finds that the applicant:
The applicant must complete prior to submitting application (and renewal application) a firearms training course approved by the Secretary. This training course includes 16 hours of instruction by a qualified handgun instructor (for initial application) and 8 hours of instruction by a qualified instructor for a renewal. Also course must have component demonstrating the applicant’s proficiency and use of the firearm.
If an applicant is under the age of 30, the applicant is only qualified if the Secretary of the State Police finds that the applicant has not been:
The Secretary, in his discretion, may add restrictions to the permit including limiting the location, circumstances or time at which the handgun may be carried.
The Secretary may charge a $75.00 nonrefundable fee payable upon submission of the application. The renewal fee is $50.00, and a duplicate or modified permit is $10.00. These fees may be reduced accordingly for a permit that is limited in time and place.
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. A permit holder must carry his permit whenever he carries, wears or transports a handgun. The permit is valid for each handgun legally in the possession of the person to whom the permit is issued.
It is unlawful for a permit holder to carry a handgun while under the influence of alcohol or drugs.
A person who is denied a permit, is denied renewal, has his permit revoked, or has a permit limited as to time and place may request the Secretary of the State Police to conduct an informal review. A written request must be filed with the Secretary within 10 days after receiving written notice of the Secretary’s initial action. Alternatively, a person may request that the Handgun Permit Review Board review the decision of the Secretary by filing a written request within 10 days of the Secretary’s initial action.
|CARRYING AND TRANSPORTATION IN VEHICLES|
It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person. It is also unlawful for any person 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 resides, or within the confines of a business establishment owned or leased by him.
Rifles and shotguns being transported in motor vehicles must be unloaded.
A person may transport a handgun if they can demonstrate that the handgun is being carried, worn or transported:
During transportation to and from the above places the handgun must be unloaded and carried in an enclosed case or enclosed holster. 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.
A machine gun is defined as a loaded or unloaded weapon wherein 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:
This law does not prohibit or interfere with any machine gun that is:
|ANTIQUES, CURIOSITIES AND REPLICAS (C&R)|
An antique firearm is defined as a firearm manufactured before 1899, or any replica thereof, which is not designed for firing fixed ammunition or which uses fixed ammunition and is no longer manufactured in the United States or readily available commercially. Antique firearms are exempt from certain requirements of state law.
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.
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, the court is required to impose no less than the minimum sentence of five years, that may not be suspended, nor may probation be granted.
It is unlawful to store or leave a loaded firearm where a person knows or should know that an unsupervised person under 16 could gain access to it.
Any manufacturer that ships or transports a handgun to be sold, rented, or transferred in Maryland must include in the box with the handgun a separate sealed container holding a spent casing from that handgun. A handgun dealer must confirm compliance with this provision. A handgun dealer shall forward the sealed container holding a spent casing from the handgun that is subsequently sold or transferred to the state police.
Restricted firearm ammunition means a cartridge, a shell, or any other device that: contains explosive or incendiary material, designed and intended for use in a firearm; and has a core constructed, excluding traces of other substances, entirely from one or a combination of: tungsten alloys, steel, iron, brass, beryllium copper, depleted uranium, or an equivalent material of similar density or hardness. A person may not, in relation to the commission of a crime of violence (Section 14-101), possess or use restricted firearm ammunition.
An owner of a regulated firearm must report a regulated firearm lost or stolen to a local law enforcement agency within 72 hours after discovering the loss or theft.
The state generally preempts all aspects of firearm and ammunition regulation.
(a) Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:
(1) a handgun, rifle, or shotgun; and
(2) ammunition for and components of a handgun, rifle, or shotgun.
(b) (1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:
(i) with respect to minors;
(ii) with respect to law enforcement officials of the subdivision; and
(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.
(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.
(c) To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.
(d) (1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.
(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.
Md. Code Ann., [Criminal Law] § 4 (2004) et seq.; [Public Safety] § 5 (2004) et seq.; NAT. RES., § 10 (2004) et seq.
|Last edited: 6/10/2016|