MD: State Firearms Laws

MARYLAND
(As of August, 1995)

PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances_Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402. 


QUICK REFERENCE CHART

                         Rifles and
                         Shotguns       Handguns
Permit to Purchase       NO             NO*
Registration of Firearms NO             NO*
Licensing of Owner       NO             NO
Permit to Carry          NO             YES

*Police recordation is made of purchases from dealers.

STATE CONSTITUTIONAL PROVISIONS

None.

POSSESSION

     No permit is required to possess a rifle or shotgun.

     Possession of a handgun is prohibited by any person who:
     a.   Has been convicted of a crime of violence.
     b.   Has been convicted of a violation of the Maryland
Pistol Law.
     c.   Is a fugitive from justice.
     d.   Is a habitual drunkard.
     e.   Is an addict or habitual user of narcotics,
barbiturates or amphetamines.
     f.   Suffers from a mental disorder and has a history of
violent behavior, or has been confined for more than 30
consecutive days to a mental facility unless the person possesses
a physician's certificate stating that the person is capable of
possessing a pistol or revolver without undue danger to the
person or others. Such a person is also prohibited from
possessing a rifle or shotgun, unless the person possesses an
above described physician's certificate.
     It is unlawful to possess, sell, offer to sell, transfer, or
receive a so-called "assault pistol." Current owners may possess
such a pistol if it was registered with the state police before
August 1, 1994. A registered pistol may be inherited. The
following semiautomatic pistols or their copies are "assault
pistols":
     AA Arms AP-9; Bushmaster; Claridge HI-Tec; D-Max Industries;
Encom Mk-IV, MP-9, and MP-45; H & K SP-89; Holmes MP83; Ingram
MAC 10/11 and any variations, including Partisan Avenger and SWD
Cobray; Intratec TEC-9 and DC-9 (centerfire only); P.A.W.S.;
Skorpion; Spectre; Uzi; Weaver Arms "Nighthawk"; Wilkinson Arms
"Linda".
     After June 1, 1994, it is unlawful to sell, offer to sell,
transfer, or receive any firearm magazine (except a tube magazine
for a .22) that will hold more than 20 rounds. Possession is not
prohibited.

PURCHASE

     No permit is required to purchase a rifle or shotgun but no
firearm or ammunition may be sold to any minor under the age of
18 without express parental consent.
     It is unlawful for any person to sell or transfer a handgun
to any person whom he knows or has reasonable cause to believe is
prohibited from possessing a handgun (see "POSSESSION" above) or
if the buyer or transferee is:
     a. Of unsound mind.*
     b. Visibly under the influence of alcohol or drugs.
     c. Under 21.
     Purchase of a handgun or "assault weapon" from a dealer is
subject to disapproval by the Maryland State Police during a
seven-day waiting period.
     The buyer must complete an application form which is sent by
the dealer to the State Police for investigation. The applicant
is required to provide information regarding his eligibility to
purchase or possess a handgun, and a description (including a
serial number) of the handgun being purchased. Fingerprints are
not required. 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.** In no case, however, 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
within 30 days before the Superintendent of State Police, who
must hold such hearing within 15 days. At the hearing, and in any
subsequent court review, the decision generally will be sustained
unless it is shown to have been "arbitrary and capricious."
     A person may not manufacture, sell or offer for sale a
handgun manufactured after January 1, 1985 that is not included
on a Handgun Roster of approved handguns, which roster is
compiled by a Board composed of nine members appointed by the
Governor for a term of four years. Any person who manufactures a
handgun for distribution or sale or who sells or offers for sale
a handgun in violation of this section shall be guilty of a
misdemeanor and shall be fined not more than, $10,000
(manufacture for sale) or $2,500 (offer for sale).
     Such Board is to compile a roster of permitted handguns
based upon their usefulness for legitimate sporting,
self-protection, law-enforcement purposes. Such roster will be
published semiannually. A person may petition the Board to place
a handgun on the roster, but the burden of proof is upon that
person that such handgun should be placed on the roster. The
Board shall, within 45 days of receipt of the petition, deny or
approve such petition. However if the Board fails to deny or
approve the petition within 45 days, the petition shall be
considered denied. A petitioner may request a hearing within 15
days from the date of denial. The petitioner shall have the
burden of proving that the handgun is useful for legitimate
sporting, law-enforcement or self-protection purposes.
     A person who displays a regulated firearm for sale or
transfer from a table or fixed display at a gun show shall first
obtain a temporary transfer permit from the Superintendent of
State Police. A criminal history and background check shall be
conducted. If there is no reason to disapprove the application,
the Superintendent shall issue the permit within seven days of
the date of application. The cost of an initial temporary
transfer permit during the same calendar year is $10.00; an
additional temporary transfer permit during the same calendar
year shall be issued without charge. A person may not receive
more than five temporary transfer permits during a calendar year.
Any person who holds a valid pistol and revolver dealer's license
under Sec.443 of the Maryland Annotated Code is exempt from the
above requirements.

* If a person has spent more than 30 consecutive days in any
institution for treatment of a mental disorder, he must provide a
physician's certificate certifying that he is capable of
possessing a handgun.

**  Most Maryland dealers who are licensed by the State Police
routinely await approval from the State Police even after seven
days have elapsed.

CARRYING AND TRANSPORTATION IN VEHICLES

     Rifles and shotguns being transported in motor vehicles must
be unloaded.
     It is a crime to wear or carry openly any rifle or shotgun
with the intent or purpose of unlawfully injuring any person.
     It is unlawful for any person without a permit to wear or
carry a handgun, openly or concealed, upon or about his person,
or 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
resided, or within the confines of a business establishment owned
or leased by him.***
     Federal and Maryland State or local law enforcement officers
generally are exempt from the permit requirement. However,
sheriffs and their deputies are exempted only while on active
assignment engaged in law enforcement, and only with respect to
handguns which they are duly authorized to wear, carry or
transport as part of their official equipment. Law enforcement
officers from other states are exempt only while on official
business.
     No violation is committed by any person who can demonstrate
that the handgun is being carried, worn or transported:

1. To or from a place of legal purchase or sale, or repair shop.
2. Between such person's bona fide residences, or between his
residence and place of business, if the business is operated and
substantially owned by that person.
3. While engaged in, or traveling to and from a "target shoot,
formal or informal target practice, sport shooting event,
hunting, trapping, or dog obedience training class or show."
4. By a bona fide gun collector who is "moving any part or all of
his gun collection from place to place for public or private
exhibition," and while such handguns are actually on exhibition.
     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 supervisory employee also may wear, carry, or transport a
handgun within the confines of a business establishment in which
he is employed while is acting in the course of his employment,
and if he has been authorized to do so by the owner or manager.

****  An enclosed holster is any holster with a flap or strap to
secure the handgun in the holster.

PERMIT TO CARRY

     Application for a permit to carry a handgun is made to the
Superintendent of State Police. The applicant should submit a
notarized letter stating the reasons why he is applying for a
permit, in addition to the printed application form. The permit
may be issued if the Superintendent finds that the applicant:
1. Is 18 years of age or older.
2. Has not been convicted of a felony, or of a crime punishable
by imprisonment for more than one year.
3. Has not been committed within the previous 10 years to any
juvenile detention center for longer than one year.
4. Is not an addict or alcoholic, nor has ever been convicted of
a narcotics offense.
5. Has not, based on the results of investigation, exhibited a
propensity for violence or instability.
6. Has, based on the results of investigation, "good and
substantial reason" to carry a handgun, including a finding that
the permit is "necessary as a reasonable precaution against
apprehended danger."*****
     The Superintendent may in his discretion add restrictions to
the permit limiting the location, circumstances or time at which
the handgun may be carried.
     The Superintendent may charge a $70.00 non refundable fee
payable upon application. The renewal fee is $50.00. There is
also a $5.00 fingerprint fee.
     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. Applications
for renewal should be submitted 90 days prior to expiration.
     A permit holder must carry his permit whenever he "carries,
wears or transports a handgun." The permit authorizes the holder
to carry any handgun which he may legally own or possess.
     It is unlawful for a permit holder to carry a handgun while
under the influence of alcohol or drugs.
     An applicant may appeal rejection to the Handgun Permit
Review Board within ten days after receipt of a written notice of
the Superintendent's action .

*****  This provision affords the Superintendent wide discretion
to grant or deny permits.  Although originally drafted to
guarantee that self-defense would not be excluded as a good and
substantial reason the language presently is interpreted by law
enforcement authorities to require a demonstration of
"apprehended danger" as a prerequisite for issuance of the
permit.

NON-RESIDENTS

     Out-of-state permits to carry a handgun are not honored in
Maryland.

ANTIQUES

     An antique firearm, defined as one manufactured on or before
1898, or any replica thereof which is not designed for firing
fixed ammunition or which uses fixed ammunition no longer
manufactured in the United States and no longer readily available
commercially, is exempted from state.

MACHINE GUNS

     A machine gun is defined as a weapon, "loaded or unloaded,
from which 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
Superintendent of Police. There is a $10 fee.
     A presumption of possession for an aggressive or offensive
purpose is raised by (a) a failure to register, or (b) possession
by a person who has been convicted of a crime of violence or by
an alien, or (c) possession elsewhere than on one's premises
owned or rented for permanent residence or business occupancy, or
(d) when empty or loaded shells for the machine gun are "found in
the immediate vicinity thereof."
     This law does not "prohibit or interfere with" any machine
gun which is (a) possessed for scientific purposes, or (b) not
usable as a weapon and possessed as a "curiosity, ornament or
keepsake," or (c) possessed "for a purpose manifestly not
aggressive or offensive."

MISCELLANEOUS

     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.
     Persons wishing to sell and display firearms at gun shows
must have a trader's license unless they can present an
"Exhibitor's Affidavit" stipulating that they (1) derive less
than 10% of their income from the sale of firearms, and (2) have
not participated in more than three shows during the previous 365
days.
     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, it is mandatory upon the court to impose no
less than the minimum sentence of five years, which may not be
suspended, nor may probation be granted.
     It is unlawful to store or leave a loaded firearm where a
person knew or should have known an unsupervised person under 16
would gain access to it.
     Md. Code Art. 27, Section 481E lists by name so-called
"assault weapon" firearms.


CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.

Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia  22030
1995, NRA Institute for Legislative Action

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