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Maryland Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Maryland Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Maryland Gun Control Laws

Gun control laws in the U.S. are controversial, balancing public safety and individual rights. Maryland has stricter gun laws compared to many states, including an assault weapons ban passed in 2013 after the Sandy Hook shooting.

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Maryland Gun Control Laws

Maryland’s comprehensive gun regulations address the purchase, possession, use, and carry of firearms. The laws restrict who can own guns and ban certain firearms and accessories. Individuals under 21 cannot possess a handgun or assault weapon, and those under 18 cannot purchase long guns or ammunition. Convicted felons and those deemed mentally incompetent are also prohibited from possessing firearms.

In 2018, Maryland enacted a red flag law, allowing courts to remove firearms from individuals deemed a threat by law enforcement or family members.

Maryland Permit Laws

To purchase a handgun or assault weapon, individuals must be at least 21 and complete a firearms safety course, obtaining a Handgun Qualification License (HQL). The Maryland State Police oversee the permit process, requiring background checks for all transactions, including private sales. Gun dealers must be licensed.

Carrying a handgun, either concealed or open, requires a permit, limited to those 21 and older. Without a permit, carrying is restricted to personal residences, owned land, or places of business.

Location Prohibitions

Maryland law prohibits firearms in:

  • Areas for children and vulnerable adults (schools, preschools)
  • Public infrastructure and government buildings (government, university buildings, polling locations)
  • Special areas (stadiums, museums, amusement parks, racetracks, establishments serving alcohol or cannabis)
  • Private property open to the public without explicit permission
  • Public demonstrations or within 1,000 feet of them when law enforcement has provided notice

Preemption Law

Maryland state law generally preempts local firearm regulations, but exceptions exist. Local governments can regulate firearm use involving minors and non-range shooting discharges. Cities like Baltimore and Annapolis can regulate gun-related activities near public areas such as parks, schools, and churches.

Relevant Maryland Gun Control Statutes

Maryland Code, Criminal Law, Title 4, Sections 4–101 through 4–407

  • Section 4–102: Deadly weapons on school property
  • Section 4–104: Child’s access to firearms
  • Section 4–106: Bulletproof body armor
  • Section 4–107: Bulletproof body armor — permit to use, possess, or purchase
  • Section 4–110: Possession or use of restricted firearm ammunition
  • Section 4–111: Wearing, carrying, or transporting firearms
  • Section 4–203: Wearing, carrying, or transporting handguns
  • Section 4–208: Possession of firearm at public demonstration
  • Section 4–301: Definitions (assault weapons)
  • Section 4–303: Assault weapons — Prohibited
  • Section 4–305: Detachable magazines — Prohibited
  • Section 4–305.1: Rapid fire trigger activators — Prohibited
  • Section 4–306: Penalties
  • Section 4–402: Possession of machine gun

Maryland Code, Public Safety, Title 5, Sections 5–101 through 5–805

  • Section 5–106: Dealer’s license
  • Section 5–117: Application for regulated firearm required
  • Section 5–117.1: Handgun qualification license required to sell, rent, or transfer handguns
  • Section 5–118: Firearm application
  • Section 5–123: Time for licensee to complete transaction
  • Section 5–128: Purchases within 30 days
  • Section 5–130: Gun shows
  • Section 5–132: Handgun safety devices
  • Section 5–133: Restrictions on possession of regulated firearms
  • Section 5–136: Straw purchases
  • Section 5–142: Removal or alteration of identification mark or number on firearm
  • Section 5–203: Possession of short-barreled rifle or shotgun
  • Section 5–204.1: Sale, rental, or transfer by non-licensees
  • Section 5–205: Possession by person with mental disorder
  • Section 5–206: Persons convicted of crimes of violence prohibited from possession of rifle or shotgun
  • Section 5–207: Sale, rent, transfer, or loan prohibited
  • Section 5–303: Permit required
  • Section 5–304: Application for permit
  • Section 5–306: Qualifications for permit
  • Section 5–307: Scope of permit
  • Section 5–314: Carrying, wearing, or transporting handgun while under the influence of alcohol or drugs
  • Section 5–703: Serial numbers required
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Illegal Arms

Maryland prohibits certain weapons and accessories, with limited exceptions:

  • Assault weapons
  • Short-barreled rifles
  • Short-barreled shotguns
  • Machine guns
  • Detachable magazines with a capacity over 10 rounds
  • Bulletproof body armor
  • Certain unserialized firearms, frames, and receivers

Waiting Period

Maryland imposes a seven-day waiting period for the purchase of regulated firearms (handguns and assault weapons), but not for rifles or shotguns.

Who May Not Own

Prohibited individuals include those who:

  • Are under 21 (for handguns and assault weapons)
  • Have been convicted of a violent crime, felony, or specified crimes
  • Are fugitives from justice
  • Are habitual drunkards or controlled substance users
  • Have certain mental health disorders with a violent history
  • Have been found incompetent or not criminally responsible
  • Have been involuntarily committed to a mental health facility
  • Are under a protective order
  • Are under 30 with certain juvenile delinquent records

License Required?

Yes, a Handgun Qualification License (HQL) is needed to purchase a handgun.

Concealed Carry License Required?

Yes, a concealed handgun permit is required. Permit holders must follow location restrictions.

Open Carry Allowed?

Yes, but restricted to handgun permit holders. State laws on location restrictions apply.

Eligibility for a Concealed Carry License

Requirements include:

  • Being at least 21 (or 18 for military members)
  • No felony or certain misdemeanor convictions
  • No drug addiction or habitual alcohol use
  • No significant mental health history
  • Completion of a firearms safety course
  • Fingerprinting and background check

Machine Gun Laws

Machine guns are generally prohibited, with certain exceptions requiring registration with the State Police.

Constitutional Carry Laws