Maryland Gun Law

The laws governing the legal use, storage and carrying of firearms are constantly changing. Below are the applicable laws in the State of Maryland as of 3/25/2013. The below information is designed to be a guide and not the final word. If you have specific questions, please refer to the State of Maryland's legislation. Another great resource is the offices of Maryland's Secretary of State and can be found at dsd.state.md.us.

§ 5-301. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Board. -- "Board" means the Handgun Permit Review Board.
(c) Handgun. -- "Handgun" has the meaning stated in § 4-201 of the Criminal Law Article.
(d) Permit. -- "Permit" means a permit issued by the Secretary to carry, wear, or transport a handgun.
(e) Secretary. -- "Secretary" means the Secretary of State Police or the Secretary's designee.

§ 5-304. Application for permit
(a) Oath. -- An application for a permit shall be made under oath.

(b) Fees -- In general. --
(1) Subject to subsections (c) and (d) of this section, the Secretary may charge a nonrefundable fee payable when an application is filed for a permit.
(2) The fee may not exceed:
      (i) $ 75 for an initial application;
      (ii) $ 50 for a renewal or subsequent application; and
      (iii) $ 10 for a duplicate or modified permit.
(3) The fees under this subsection are in addition to the fees authorized under § 5-305 of this subtitle.

(c) Fees -- Reduction. -- The Secretary may reduce the fee under subsection (b) of this section accordingly for a permit that is granted for one day only and at one place only.

(d) Fees -- Exceptions. -- The Secretary may not charge a fee under subsection (b) of this section to:
(1) a State, county, or municipal public safety employee who is required to carry, wear, or transport a handgun as a condition of governmental employment; or
(2) a retired law enforcement officer of the State or a county or municipal corporation of the State.

(e) Fees -- Method of payment. -- The applicant may pay a fee under this section by a personal check, business check, certified check, or money order.

§ 5-306. Qualifications for permit
(a) In general. -- Subject to subsection (b) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:
(1) is an adult;
(2) (i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or
      (ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. § 925(c);
(3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;
(4) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction; and
(5) based on an investigation:
      (i) has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and
      (ii) has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.

(b) Applicant under age of 30 years. -- An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been:
(1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or
(2) adjudicated delinquent by a juvenile court for:
      (i) an act that would be a crime of violence if committed by an adult;
      (ii) an act that would be a felony in this State if committed by an adult; or
      (iii) an act that would be a misdemeanor in this State that carries a statutory penalty of more than 2 years if committed by an adult.

§ 5-305. Criminal history records check
(a) "Central Repository" defined. -- In this section, "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) Application required. -- The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a permit.

(c) Contents of application. -- As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:
(1) two complete sets of the applicant's legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(d) Information forwarded to applicant and State Police. -- In accordance with §§ 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant's criminal history record information.

(e) Restrictions on information. -- Information obtained from the Central Repository under this section:
(1) is confidential and may not be disseminated; and
(2) shall be used only for the licensing purpose authorized by this section.

(f) Subject may contest contents. -- The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.

§ 5-307. Scope of permit
(a) In general. -- A permit is valid for each handgun legally in the possession of the person to whom the permit is issued.
(b) Limitations. -- The Secretary may limit the geographic area, circumstances, or times of the day, week, month, or year in which a permit is effective.

§ 5-308. Possession of permit required
A person to whom a permit is issued or renewed shall carry the permit in the person's possession whenever the person carries, wears, or transports a handgun.

§ 5-309. Term and renewal of permit
(a) Term of permit. -- A permit expires on the last day of the holder's birth month following 2 years after the date the permit is issued.
(b) Renewal of permit. -- A permit may be renewed for successive periods of 3 years each if, at the time of an application for renewal, the applicant possesses the qualifications for the issuance of a permit and pays the renewal fee stated in this subtitle.

§ 5-310. Revocations
(a) In general. -- The Secretary may revoke a permit on a finding that the holder:
(1) does not meet the qualifications described in § 5-306 of this subtitle; or
(2) violated § 5-308 of this subtitle.

(b) Return of permit. -- A holder of a permit that is revoked by the Secretary shall return the permit to the Secretary within 10 days after receipt of written notice of the revocation.

 


29.03.02.12 Training and Qualification in the Use of Handguns.
The Secretary, before issuing a handgun permit in accordance with Article 27, §36E(i), Annotated Code of Maryland, shall require an applicant for the permit to be approved by a "qualified handgun instructor". This approval shall certify and constitute evidence that the applicant is trained and qualified in the use of handguns, and shall be made upon completion by the applicant of a course conducted by the qualified handgun instructor. This course shall include the following as minimum curriculum:

A. Lecture on Safety. A minimum of 1 hour discussing and demonstrating safety with the handgun on the range, off the range, at home, transporting, and while on duty. Safety shall be given priority over all other aspects of training and should be integrated into every phase of the training.

B. Training Regarding Legal Responsibilities. A minimum of 1 hour instruction on when a person has the legal right to use the weapons.

C. A minimum of 6 hours of training in nomenclature, maintenance, sight alignment, position shooting, dry-firing and range practice and qualification shall be given. Participants shall use either a .38 caliber revolver with a minimum 2-inch and a maximum 6-inch barrel or a 9 MM pistol. A qualifying score of 70 percent shall be fired on a practical police course. An applicant may not be required to fire in excess of 25 yards during qualification.

D. In the discretion of the Secretary, applicants who were formerly law enforcement officers, military personnel trained in the use of handguns, or members of accredited gun clubs who are approved by a qualified instructor may be issued permits without completing the course described above.

§ 4-203. Wearing, carrying, or transporting handgun
(a) Prohibited. --(1) Except as provided in subsection (b) of this section, a person may not:

  • (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
  • (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
  • (iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or
  • (iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

(b) Exceptions. -- This section does not prohibit:
   (1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

  • a law enforcement official of the United States, the State, or a county or city of the State;
  • a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;
  • a law enforcement official of another state or subdivision of another state temporarily in this State on official business;
  • a correctional officer or warden of a correctional facility in the State;
  • a sheriff or full-time assistant or deputy sheriff of the State; or
  • a temporary or part-time sheriff's deputy;

(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;
(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;
(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:
(i) in the course of employment;
(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or
(9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:

  • the handgun is unloaded;
  • the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and
  • the person transports the handgun directly to the law enforcement unit, barracks, or station.

(c) Penalty. --
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.
(2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $ 250 and not exceeding $ 2,500 or both; or
(ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.
(3) (i) If the person has previously been convicted once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
         1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or
         2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.
(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.
(4) (i) If the person has previously been convicted more than once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any combination of these crimes:
         1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or
        2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or
            B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.
(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

Off Limits
§ 4-208. Possession of firearm at public demonstration
(a) Definitions. --
(1) In this section the following words have the meanings indicated.
(2) (i) "Demonstration" means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers.
(ii) "Demonstration" does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.
(3) (i) "Firearm" means a handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or any other firearm, whether loaded or unloaded.
(ii) "Firearm" does not include an antique firearm.
   (4) "Handgun" has the meaning stated in § 5-101 of the Public Safety Article.
   (5) "Law enforcement officer" means:

  • a member of a police force or other unit of the United States, the State, a county, municipal corporation, or other political subdivision who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, the State, a county, municipal corporation, or other political subdivision;
  • a park police officer of the Maryland-National Capital Park and Planning Commission;
  • a member of the University of Maryland police force; and
  • any military or militia personnel directed by constituted authority to keep law and order.

   (6) (i) "Public place" means a place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose.

  • "Public place" is not limited to a place devoted solely to the uses of the public.
  • "Public place" includes:

         1. the front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;
         2. a public building, including its grounds and curtilage;
         3. a public parking lot;
         4. a public street, sidewalk, or right-of-way;
         5. a public park; and
         6. other public grounds.

(b) Prohibited. --
(1) This subsection does not apply to a law enforcement officer.
(2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:
(i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and
(ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.

(c) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.

  • within the confines of the business establishment in which the supervisory employee is employed; and
  • when so authorized by the owner or manager of the business establishment;


§ 2-1702. Interference with Legislative Process
(e) Firearms and other devices restricted. --
(1) This subsection does not apply to:

  • a law enforcement officer of any state or of the federal government who is carrying out duties of the office; or
  • a person whom the officer summons to help in making an arrest or in preserving the peace.

(2) A person may not willfully bring an assault weapon or other firearm or destructive device, as defined in § 4-501 of the Criminal Law Article, into or have an assault weapon or other firearm or destructive device in a building where:

  • the Senate or the House has a chamber;
  • a member, officer, or employee of the General Assembly has an official office; or
  • a committee of the General Assembly, the Senate, or the House has an office.

(f) Penalties. -- A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both

04.05.01.03 Government Buildings Dept. of General Services
Definition and Application.
(a)"Property" means State public buildings, improvements, grounds, and multiservice centers under the jurisdiction of the Department of General Services.
www.handgunlaw.us 4

(b)In addition to the regulations in this chapter, the following areas are also subject to COMAR 04.05.02 and the procedural rules of the Senate and House of Delegates:
(1) General Assembly buildings, improvements, and grounds;
(2) Senate and House of Delegates:

  • Chambers,
  • Lounges,
  • Lobbies,
  • Appurtenant areas,
  • Committee rooms; and

(3) Joint Hearing Room.

Prohibited Conduct.
(b) Except for official purposes and by authorized personnel, an individual on the property may not carry open or concealed firearms, explosives, incendiary devices, or dangerous or deadly weapons.

§ 5-314. Carrying, wearing, or transporting handgun while under influence of alcohol or drugs
(a) Prohibited. -- A person who holds a permit may not wear, carry, or transport a handgun while the person is under the influence of alcohol or drugs.

(b) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.

§ 4-102. Deadly weapons on school property
(a) Exceptions. -- This section does not apply to:
(1) a law enforcement officer in the regular course of the officer's duty;
(2) a person hired by a county board of education specifically for the purpose of guarding public school property;
(3) a person engaged in organized shooting activity for educational purposes; or
(4) a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.

(b) Prohibited. -- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.

(c) Penalty. --
(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.
(2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.

Reciprocity
The State of Maryland does not honor Concealed Carry Permit/License from any other State.

A Mayland Resident Concealed Handgun Permit are honored by the states listed below:
Alaska, Arizona, Idaho, Indiana, Iowa, Kentucky, Maryland, Michigan, Mississippi, Missouri, Montana, North Carolina, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, Wisconsin

A Mayland Non-Resident Concealed Handgun Permit are honored by the states listed below:
Alaska, Arizona, Idaho, Indiana, Iowa, Kentucky, Maryland, Mississippi, Missouri, Montana, North Carolina, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, Wisconsin

Non-Resident Permit
The State of Maryland will issue a Non- Resident Concealed Carry Weapons Permit under the same qualification required for residents.

Note: Maryland is a "may issues" state. Meaning, The State of Maryland may issue a Concealed Handgun Permit if the issuing body feels the applicant has a justifiable reason for needing a Concealed Handgun Permit.

If you have questions about our course, feel free to email us at info@shootsafe.org.  Make sure you include your name, the state whose permit you are pursuing, and if you need a call back, a phone number.  We're happy to help.