Maryland

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Ammunition Sales Licensing/Regulation

Maryland requires any person engaged in the business “of “loading or reloading small arms ammunition” to obtain a license. Md. Code Ann., Pub. Safety § 11-105. A license is also required for possession or storage of 1) “smokeless powder for loading or reloading small arms ammunition;” or (2) “black powder for loading or reloading small arms ammunition, antique arms, or replicas of antique arms.” Id., section 11-101. Exceptions are provided for military and government officials authorized to handle explosives in the performance of their duties as well as persons who handle small quantities of smokeless or black powder for personal use so long as powder is stored in the original shipping containers. Section 11-105. In addition, no person may possess or store explosives for use in firearms in “multifamily dwellings, apartments, dormitories, hotels, schools, other public buildings, or buildings or structures open for public use.” Id. However, the State Fire Marshal may issue a permit for temporary possession of explosives for use in firearms in buildings or structures open for public use. Id.

Minimum Age to Purchase/Possess

Maryland prohibits the possession of ammunition solely designed for a handgun or assault weapon by and to persons under the age of 21. Md. Code Ann., Pub. Safety § 5-133(d). Persons who are not otherwise prohibited from possessing a handgun or assault weapon are exempt if the:

• Possession is temporary and supervised by a person at least 21 years old who is not prohibited from possessing a firearm and whose supervision is with the permission of the parent or guardian of the person in possession;

• Person in possession is a member of the military performing official duties;

• Possession is temporary and the person is participating in marksmanship training of a recognized organization and under the supervision of an instructor;

• Person in possession is required to possess a handgun or assault weapon for employment and has been issued a handgun permit; or

• Possession is for self-defense or defense of others against a trespasser into a residence.

Id.

In addition, no person may sell, rent or transfer ammunition solely designed for a handgun or assault weapon to a person under the age of 21. Md. Code Ann., Pub. Safety § 5-134(d). No person may sell ammunition for a firearm, other than a handgun or assault weapon, to a person under the age of 18. Id., Md. Code Ann., Crim. Law § 1-101.

Maryland regulates the sale of assault weapons, defined to include a list of 45 specified firearms or their copies, including certain variations of those models. Md. Code Ann., Pub. Safety § 5-101(p). Assault weapons qualify as state-defined "regulated firearms," and transfers of such guns are subject to enhanced background checks, firearms dealer regulations, private/secondary sales, and reporting of lost or stolen firearms regulations. Id. Additionally, purchasers:

• Must be age 21 or older (see the Maryland Minimum Age to Purchase/Possess section);

• Are subject to a seven-day waiting period; and

• Are limited to one assault weapon in any 30-day period (see the Maryland Multiple Purchases/Sales of Firearms section).

Maryland also prohibits the possession, sale, offering of sale, transfer, purchase, receipt, or transportation into the state of "assault pistols." Md. Code Ann., Crim. Law § 4-303(a). Assault pistols are defined to include 15 specified firearms or their copies, including certain variations of those models. Section 4-301. Persons who lawfully possessed an assault pistol before June 1, 1994 may continue to possess the weapon if it was registered with the State Police before August 1, 1994. Section 4-303(b).

Any individual who violates the provisions regulating assault pistols under Maryland law is criminally liable for a misdemeanor. Section 4-306(a).The penalty rises to a felony if the assault pistol is used in a felony or a crime of violence. Section 4-306(b).

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

The Secretary of the Maryland State Police ("Secretary") serves as a partial state point of contact for implementation of the Brady Act. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). All transfers of state-defined "regulated firearms" (handguns and assault weapons) must be processed through the Secretary, who in turn uses NICS and other databases to verify that prospective purchasers are not prohibited from possessing a firearm. Md. Code Ann., Pub. Safety §§ 5-123, 124. A seller of a regulated firearm who is not a regulated firearms dealer must complete any transaction through either a regulated firearms dealer or a designated law enforcement agency. Section 5-124(a). The FBI conducts NICS checks for long gun (rifle and shotgun) transfers.

Both the Secretary and the FBI enforce the federal purchaser prohibitions referenced above. In addition, Maryland has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Pursuant to Md. Code Ann., Pub. Safety §§ 5-101(g) and 5-134(b), the Secretary shall deny a regulated firearm transfer where the prospective purchaser, lessee or transferee:

• Has been convicted of a crime of violence, (crimes listed under Md. Code Ann., Pub. Safety § 5-101(c)), any Maryland-classified felony, conspiracy to commit a felony, a common law crime for which the person received a term of imprisonment for more than two years, or any Maryland-classified misdemeanor that carries a statutory penalty of more than two years;

• Is a fugitive from justice;

• Is a habitual drunkard;

• Is an addict or habitual user of any controlled dangerous substance;

• Is suffering from a mental disorder as defined under Md. Code Ann., Health-Gen. § 10-101(f)(2), and has a history of violent behavior, unless the purchaser, lessee, or transferee possesses a physician's certificate stating that he or she is capable of possessing a regulated firearm without undue danger to himself, herself or others;

• Has been confined for more than 30 consecutive days to a facility, per Md. Code Ann., Health-Gen. § 10-101, unless the purchaser, lessee, or transferee possesses a physician's certificate stating that he or she is capable of possessing a regulated firearm without undue danger to himself, herself or others;

• Is visibly under the influence of alcohol or drugs;

• Is under 21 years of age;

• Is a participant in a "straw purchase" (a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to: 1) complete the application to purchase a regulated firearm; 2) take initial possession of the regulated firearm; and 3) subsequently transfer the regulated firearm to the person. See Md. Code Ann., Pub. Safety § 5-101(t));

• Is subject to a "non ex parte civil protective order." (See Md. Code Ann., Fam. Law § 4-506. Although this language has not been changed in § 5-134, amendments in 2002 to the family law code substituted "temporary protective order" for "temporary ex parte order" in § 4-506);

• If under the age of 30 years at the time of the transaction, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult; or

• Has not completed a certified firearms safety training course, required to obtain a regulated firearm, pursuant to Md. Code Ann., Pub. Safety §§ 5-118(b)(3)(x) and 5-134(b)(14).

For further information on Maryland’s gun safety training requirements, please consult the Maryland Firearms Safety Training Website.

Transfers of rifles and shotguns by private sellers (non-firearms dealers) are not subject to background checks or the additional state prohibitions listed above, although federal purchaser prohibitions still apply. See the Maryland Private/Secondary Sales section.

For information about the reporting of mental health information for use in firearm purchaser background checks, see the Maryland Mental Health Reporting section.

Pursuant to Maryland Code Annotated, Public Safety § 5-131(b), any manufacturer that ships or transports a handgun to be sold, rented, or transferred in Maryland shall include in the box with the handgun, in a separate sealed container:

• A shell casing of a projectile discharged from that handgun; and

• Additional information that identifies the type of handgun and shell casing.

Upon receipt of a handgun from the manufacturer, a firearms dealer shall confirm with the Department of State Police ("DSP") that the manufacturer complied with the provisions of section 5-131(b). Section 5-131(c)(1). When the handgun is sold, rented, or transferred, the dealer shall forward the sealed container to the DSP crime laboratory. Section 5-131(c)(2). Once received, the DSP crime laboratory shall enter the information in all pertinent databases to assist in the tracing of guns that are later stolen or used in crimes. Section 5-131(d).

Possession Restrictions

Md. Code Ann., Crim. Law § 4-203 prohibits the carrying, whether openly or concealed, of a handgun. This prohibition does not apply to persons with permits to carry a concealed weapon (see Md. Code Ann., Pub. Safety § 5-301 et seq.), or to law enforcement or military personnel.

With limited exceptions (chiefly for security personnel), a person may not carry or possess a firearm on public school property. Md. Code Ann., Crim. Law § 4-102. There is no exception for concealed weapon permit holders.

Section 4-208 prohibits the possession of a firearm, whether loaded or unloaded, at a public demonstration after law enforcement has:

• Advised the person that a demonstration is occurring at the public place; and

• Ordered the person to leave the demonstration area until he or she has disposed of the firearm.

There is no exception for concealed weapon permit holders.

Concealed weapons permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.

Transportation of Firearms

Maryland prohibits the knowing transportation of a handgun, whether openly or concealed, in a vehicle traveling on a state highway, waterway, airway or a road or parking lot generally used by the public. Md. Code Ann., Crim. Law § 4-203(a)(1). Exceptions to these provisions include transporting a handgun to or from:

• A place of purchase or repair;

• A residence and business; or

• An organized military activity, formal or informal target practice, sport shooting event, or hunting.

Section 4-203(b).

Under these exceptions, the handgun must be unloaded and carried in an enclosed case or holster. Section 4-203(b)(3). A person violating this section is guilty of a misdemeanor and subject to imprisonment for up to three years or a fine of up to $2,500. Section 4-203(c). Penalties may be enhanced for carrying a handgun onto school property or for repeat offenders. Id.

Pursuant to Md. Code Ann., Pub. Safety § 5-140, a dealer or other person may not transport a regulated firearm into Maryland for the purpose of unlawfully selling or trafficking the regulated firearm.

In addition, Maryland prohibits any person from boarding, attempting to board, or being aboard a commercial aircraft with a firearm, whether openly carried or concealed. Md. Code Ann., Transp. § 5-1008. Any person who violates any provision of this section is guilty of a felony and is subject to imprisonment not to exceed ten years. Id.

Concealed Weapons Licensing Requirements

Maryland is a “may-issue” state, meaning that the Secretary of the Maryland State Police (“Secretary”) has discretion to issue a permit to anyone seeking to wear, carry or transport a handgun if the applicant demonstrates a “good and substantial reason” to carry a handgun and has not previously shown a “propensity for violence or instability” that may cause the applicant to be a danger to himself or herself or other persons when possessing the handgun. Md. Code Ann., Pub. Safety §§ 5-303, 5-306(a). “Good and substantial reason” includes a finding by the Secretary that a handgun permit is necessary to protect the applicant against apprehended danger. Section 5-306(a)(5)(ii). Any person wishing to obtain a handgun permit must also meet certain statutory criteria. Under section 5-306, an applicant must:

• Be 18 years of age or older;

• Have no felony convictions or misdemeanor convictions for which a sentence of imprisonment for more than one year has been imposed;

• If under age 30, have no adjudications of delinquency in a juvenile court for any felony, misdemeanor carrying a statutory penalty of two years or more, or violent crime, or have never been committed to any detention, training or correctional institution for more than one year as a juvenile;

• Have no convictions involving the possession, use or distribution of controlled substances and not be presently an addict or habitual drug user or alcoholic; and

• Meet all federal and state requirements to possess a handgun, as outlined in the Maryland Background Checks section.

Applicants are required to submit a nonrefundable application fee not to exceed $75. Section 5-304(b)(2)(i).

Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under sections 5-304, 5-305 and 5-306.

For review procedures for persons denied a permit, see sections 5-311 and 5-312.

A handgun permit will be revoked under section 5-310(a) if the permittee no longer satisfies the qualifications to hold a permit (see § 5-306) or violates the requirements of section 5-308 (requiring permittees to carry the permit any time they carry, wear or transport a handgun). Anyone failing to return to the Secretary their revoked permit is criminally liable for a misdemeanor. Section 5-313.

Permittees are criminally liable for a misdemeanor if they wear, carry or transport a handgun while under the influence of alcohol or drugs. Section 5-314. It is also a misdemeanor to carry, wear or transport a handgun, whether concealed or in open view, without a valid handgun permit. Md. Code Ann., Crim. Law § 4-203.

         Disclosure or Use of Information

Pursuant to Md. Code Ann., Pub. Safety § 5-305(e), any information obtained by the Secretary from the Maryland Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services pursuant to a Secretary's request for a criminal history records check on a handgun permit applicant:

• Is confidential and may not be disseminated; and

• Shall be used only for the licensing purpose authorized by section 5-305.

         Duration & Renewal

Maryland handgun permits expire "on the last day of the holder's birth month following 2 years after the date the permit is issued." Md. Code Ann., Pub. Safety § 5-309(a). Permits may be renewed for successive periods of three years each, upon application and payment of a renewal fee. Section 5-309(b). Applicants renewing their handgun permits are charged a fee not to exceed $50. Section 5-304(b)(2)(ii). Applicants must continue to possess the qualifications set forth in section 5-306 to renew a permit. Section 5-309(b).

         Location Limits

Pursuant to Md. Code Ann., Crim. Law § 4-102(b), a person generally may not carry or possess a firearm on public school property.

Section 4-208 prohibits the possession of a firearm, whether loaded or unloaded, at a public demonstration after law enforcement has:

• Advised the person that a demonstration is occurring at the public place; and

• Ordered the person to leave the demonstration area until he or she has disposed of the firearm.

The Secretary retains the power to further limit the geographic area, circumstances, or times in which the handgun permit is effective. Md. Code Ann., Pub. Safety § 5-307(b).

Concealed weapons permit/license holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.

          Reciprocity

No relevant statutes currently exist, indicating that Maryland does not recognize concealed weapons permits issued in other states.

          Brady Exemption

Handgun permit holders in Maryland are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued a state permit to purchase or possess firearms are exempt from subsequent background checks when purchasing firearms if the initial permit was issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the federal NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

Md. Code Ann., Crim. Law § 4-104(c) provides that a person "may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child [person under age 16 (§ 4-104(a)(3))] would gain access to the firearm." Violation of this section is a misdemeanor, with a maximum fine of $1,000. Section 4-104(d). This section does not apply if:

• The child's access is supervised by an individual age 18 or older;

• The child's access was obtained as a result of unlawful entry;

• The firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or

• The child has a certificate of firearm and hunter safety issued under Md. Code Ann., Nat. Res. § 10-301.1.

Md. Code Ann., Crim. Law § 4-104(b).

Foster parents in Maryland who keep firearms in the home must store the guns, and all ammunition, in a locked room or container that is inaccessible to children, take all safety precautions to ensure firearms are not unintentionally used to injure children, and assure that any loaded firearms are not kept in the home unless required because a law enforcement officer lives in the household. Md. Code Regs. 07.02.25.05(G)(3)(b), 07.05.02.10(G)(1).

For other measures related to child access prevention, see the Maryland Locking Devices section.

Any person engaged in the business of selling, renting, or transferring state-defined "regulated firearms" (handguns and assault weapons) must have a Maryland firearms dealer's license. Md. Code Ann., Pub. Safety § 5-106(a). A separate license is required for each place of business where such firearms are sold. Section 5-106(b). Prospective dealers may only obtain such a license if they are not prohibited from possessing firearms or ammunition under federal or state law, as outlined in the Maryland Background Checks section. (Note that the state prohibitions for firearms dealers are defined somewhat differently than those for firearms transferees, and there appear to be no dealer prohibitions specifically addressing persons who have previously been adjudicated delinquent. See section 5-107(b)(4).)

The initial fee for a regulated firearm dealer's license is $50, with an annual renewal fee of $25. Sections 5-107(a)(1)(ii), 5-111(b)(1)(ii). A regulated firearms dealer's license is valid for one year, and may be renewed for a term of one year, or will expire on the first June 30 following its effective date. Section 5-111(a).

Dealers are required to "display conspicuously" the license and any other licenses required by law at his or her place of business. Section 5-113(a).

For information on the suspension or revocation of a regulated firearms dealer's license, see sections 5-114, 5-115, and 5-116.

Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. Additionally, dealers may not sell, rent or transfer a regulated firearm to any person whom he or she knows or has a reasonable cause to believe is a prohibited purchaser under state law. See section 5-134(b). Dealers are prohibited from transferring ammunition "solely designed" for a regulated firearm to any person under age 21, and may not transfer any firearm or ammunition to persons under age 18. Section 5-134(d).

Dealers are required to report the sale of any regulated firearm within seven days of the completed sale to the Firearms Registration Section of the Maryland Department of State Police. Md. Code Regs. 29.03.01.09(A). In addition, a dealer must maintain for at least three years a copy of the application for transfer of a regulated firearm, which shall be open for inspection by any law enforcement officer during normal business hours. Md. Code Regs. 29.03.01.09(D).

Maryland has established a handgun roster that, subject to limited exceptions, lists the only handguns that dealers or any private sellers are allowed to sell in the state. Md. Code Ann., Pub. Safety §§ 5-404, 5-405, and 5-406. Anyone who sells a handgun manufactured after January 1, 1985 that is not included on the state roster is criminally liable for a misdemeanor, drawing a maximum fine of $2,500 for each violation. Section 5-406(a)(2), (c)(2). See the Maryland Junk Guns/Saturday Night Specials section for further information on the handgun roster.

For laws applicable to both licensed and private firearm sellers, please see the Maryland Private/Secondary Sales section.

Number of Federally Licensed Firearms Dealers

There are 487 federally licensed firearms dealers and pawnbrokers in Maryland. Federal firearms licensee totals for Maryland as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Domestic Violence Perpetrators

Md. Code Ann., Fam. Law § 4-511 provides authority for a law enforcement officer responding to a domestic violence incident to remove a firearm if he or she: 1) has probable cause to believe domestic violence has occurred; and 2) observed the firearm on the scene. The officer must provide information to the owner regarding the process for retrieving the firearm and must provide safe storage for the firearm during any related domestic violence legal proceeding. Id. The owner may resume possession of the firearm at the conclusion of the legal proceeding related to the domestic violence incident, unless ordered to surrender it pursuant to a court order. Id.

Section 4-506 allows, but does not require, a court issuing a domestic violence protective order after notice and a hearing to order the subject to surrender to law enforcement authorities any firearm in his or her possession for the duration of the order.

Handguns and Assault Weapons

Pursuant to Md. Code Ann., Pub. Safety § 5-135, a regulated firearm (handgun or assault weapon) that is sold, rented, transferred, possessed, received or purchased in violation of state law governing such firearms may be seized by law enforcement as “contraband.” See also Md. Code Ann., Crim. Law § 4-304.

A handgun that is “worn, carried, or transported” in violation of laws governing the carrying and transporting of handguns is subject to seizure by law enforcement. Md. Code Ann., Crim. Proc. § 13-201. Ammunition found “in the immediate vicinity” of such a handgun is also subject to seizure. Id. Note that section 13-201 also provides that ammunition that is “worn, carried, or transported” in violation of laws governing the carrying and transporting of handguns, or laws penalizing the commission of a crime with a handgun, is also subject to seizure. However, these laws do not specifically address ammunition.

A law enforcement officer may conduct a limited search, without a search warrant, if he or she reasonably believes a person: 1) may be wearing, carrying or transporting a handgun in violation of state law; and 2) is a danger to law enforcement or others due to possession of the handgun. Md. Code Ann., Crim. Law § 4-206. The officer must also believe it is impracticable to obtain a search warrant and that “swift measures” are necessary to discover whether the person is wearing, carrying or transporting a handgun. Id. If, subsequent to a search, the officer finds that the person is wearing, carrying or transporting a handgun, he or she may demand evidence that the person is lawfully permitted to do so. Id. If no evidence is produced, the officer may seize the handgun and arrest the person. Id.

After law enforcement seizes a handgun pursuant to section 13-201, the officers must attempt to locate the owner of the handgun. Md. Code Ann., Crim. Proc. § 13-203. Law enforcement has discretion to either return the handgun to the owner or notify the owner that he or she may apply within 30 days for a review to determine whether the owner: 1) “knew or should have known that the handgun was worn, carried, transported, or used;” and 2) is legally permitted to possess the handgun. Id. If the owner of a seized handgun timely requests a review, law enforcement must informally review whether the owner knew or should have known of the unlawful use of the handgun. If the review results in a decision favorable to the owner, law enforcement must return the handgun to the owner if he or she is legally permitted to possess it. If the handgun is needed as evidence in a criminal case or investigation, it must be returned promptly when the case or investigation ends. If the informal review results in an unfavorable conclusion for the owner, within 30 days of notification of such determination the owner may petition for review by the District Court. Id.

Pursuant to Md. Code Ann., Pub. Safety § 5-310, the holder of a revoked handgun permit must return the permit to the Secretary of State Police within ten days of receiving written notice of the revocation. A person who fails to return a revoked permit may be imprisoned for up to one year and/or ordered to pay a fine between $100 and $1,000. Section 5-313.

Machine Guns

Md. Code Ann. Crim. Law § 4-402 provides that a court may issue a warrant to search for and seize a machine gun that is possessed in violation of state law regulating possession of machine guns.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Firearm Prohibitions for Domestic Violence Misdemeanants

There is no law in Maryland prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, although federal law prohibits the purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:

• Was a current or former spouse, parent, or guardian of the victim;

• Shares a child in common with the victim;

• Was a current or former cohabitant with the victim as a spouse, parent or guardian; or

• Was similarly situated to a spouse, parent or guardian of the victim.

18 U.S.C. § 921(a)(33).

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

Pursuant to Md. Code Ann., Pub. Safety § 5-134, no person may sell, rent or transfer a handgun or assault weapon to a person who is subject to a current "non ex parte civil protective order" issued pursuant to Md. Code Ann., Fam. Law § 4-506. Note that amendments in 2002 to the family law code substituted "temporary protective order" for "temporary ex parte order" in section 4-506.

Removal or Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued

Md. Code Ann., Fam. Law § 4-506 allows, but does not require, a court issuing a domestic violence protective order after notice and a hearing to order the subject to surrender to law enforcement authorities any firearm in his or her possession for the duration of the order.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

Md. Code Ann., Fam. Law § 4-511 provides authority for a law enforcement officer responding to a domestic violence incident to remove a firearm if he or she: 1) has probable cause to believe domestic violence has occurred; and 2) observed the firearm on the scene. The officer must provide information to the owner regarding the process for retrieving the firearm and must provide safe storage for the firearm during any related domestic violence legal proceeding. Id. The owner may resume possession of the firearm at the conclusion of the legal proceeding related to the domestic violence incident, unless ordered to surrender it pursuant to a court order. Id.

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Maryland maintains restraining order and domestic violence misdemeanor data.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Maryland Background Checks section.

Md. Code Ann., Pub. Safety § 5-130(a) defines a gun show as "any organized gathering open to the public at which any firearm is displayed." Persons displaying state-defined "regulated firearms" (handguns and assault weapons) for transfer from a table or fixed display at a gun show must hold either a valid Maryland regulated firearms dealer's license under section 5-106 or, for persons displaying a firearm at five or fewer gun shows per year, a temporary transfer permit issued by Secretary of the Maryland State Police. Section 5-130(c), (i). All transfers of regulated firearms are subject to a background check. Section 5-130(j). See the Maryland Background Checks section.

Applicants for temporary transfer permits are subject to a background investigation. Section 5-130(e). Each permit is valid for a single gun show, and a person may not receive more than five permits during a single calendar year. Section 5-130(i)(1).

Persons displaying rifles and shotguns are not required to possess either a dealer's license or a temporary transfer permit, and private transfers of these firearms are not subject to federal or state background check requirements, although federal and limited state purchaser prohibitions still apply.

Sales of regulated firearms at public auctions or flea markets must comply with Maryland's firearm transfer laws. Md. Code Regs. 29.03.01.23.

Counties may deny funding to private venues that host gun shows. In Frank Krasner Enters. v. Montgomery County, 401 F.3d 230 (4th Cir. 2005), a privately-owned agricultural center eligible to receive county funding for events at the center ceased hosting gun shows due to a county ordinance prohibiting the funding of any organization that hosts or supports any event allowing "the display and sale of guns." Id. at 232-33. A gun show promoter who previously held events at the center sued the county on the ground that the county's funding ban violates Maryland law. Id. The U.S. Court of Appeals for the Fourth Circuit held that the promoter lacked standing to sue the county, and noted that even if the court found the promoter had standing to sue, the county had no legal obligation to subsidize the center for the show. Id. at 236.

See the Maryland Private/Secondary Sales section for state laws that may apply at gun shows.

Md. Code Ann., Pub. Safety § 5-402 prohibits the imposition of strict liability for injuries to another that result from the criminal use of a firearm by a third person. Section 5-402(b)(2). The legislature enacted this section to supersede Kelley v. R.G. Industries, Inc., 497 A.2d 1143 (Md. 1985), which had imposed strict liability on a manufacturer of "Saturday Night Specials" for their criminal misuse.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

A handgun may not be manufactured for distribution or sale if it is not included on Maryland's handgun roster. Md. Code Ann., Pub. Safety § 5-406(a)(1). In addition, a handgun manufactured after January 1, 1985 that is not included on the handgun roster may not be sold or offered for sale. Section 5-406(a)(2).

The handgun roster is compiled by the Handgun Roster Board ("Board"), an entity of the Department of State Police ("DSP") made up of 11 members (the Secretary of the DSP and ten appointees of the Governor who are knowledgeable in the field) who hold terms of four years. Section 5-404. The Board must consider the following characteristics of a handgun in determining whether it should be placed on the roster: concealability, ballistic accuracy, weight, quality of materials, quality of manufacture, reliability as to safety, caliber, detectability (vis-à-vis airport and courthouse security equipment standards), and utility for legitimate sporting activities, self protection, or law enforcement. Section 5-405(b). The Board must "consider carefully" each characteristic, and may not place "undue weight on any one characteristic." Section 5-405(b).

The Secretary of the DSP may seek an order from a circuit court to permanently or temporarily enjoin the willful and continuous manufacture, sale, or offer for sale of a handgun that is not included on the handgun roster. Section 5-406(b).

The Brady Center to Prevent Handgun Violence has completed research concluding that Maryland's Attorney General may also have authority to regulate junk guns and promulgate other firearms safety standards, pursuant to the Maryland Consumer Protection Act, Md. Code Ann., Com. Law § 13-201 et seq. For details, view the Center's report, "Targeting Safety."

No person may manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 20 rounds of ammunition. Md. Code Ann., Crim. Law § 4-305(b).

No relevant statutes currently exist.

A licensed firearms dealer may not sell or otherwise transfer any handgun in Maryland, manufactured on or before December 31, 2002, without an “external safety lock.” Md. Code Ann., Pub. Safety § 5-132(c). An external safety lock is an external device that is attached to a handgun with a key or combination lock and is designed to prevent a handgun from being discharged unless the device has been deactivated. Section 5-132(a)(3).

In addition, a licensed dealer may not sell or otherwise transfer any handgun in Maryland that was manufactured after December 31, 2002 unless the handgun contains an "integrated mechanical safety device." Section 5-132(c)(2). An integrated mechanical safety device is a disabling or locking device built into a handgun and "designed to prevent the handgun from being discharged unless the device has been deactivated." Section 5-132(a)(6).

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

There is no law in Maryland requiring the reporting of mental health information to NICS.

Maryland requires any facility that admits an individual with a mental disorder to submit a report to the State Department of Health and Mental Hygiene within 10 days after admission. Md. Code Ann., Health-Gen. § 10-605. Md. Code Ann., Health-Gen. § 4-307 governs the privacy of mental health records, and makes no provision for release of information for the purpose of background checks for firearm transfers. However, the Secretary of State Police is required by Md. Code Regs. 29.03.01.03 to require, as part of the application to purchase, rent or transfer a handgun or assault weapon, the applicant’s written authorization to the Department of Health and Mental Hygiene, “or any other similar agency or department of another state,” to disclose to the Department of State Police whether the applicant: 1) suffers from a mental disorder and has a history of violence; and 2) has been confined for more than 30 consecutive days to a mental health facility.

Courts must notify the Criminal Justice Information System Central Repository of any commitment ordered upon a determination that a defendant is incompetent to stand trial, or a determination that a person is not criminally responsible because of a mental disorder or mental retardation. State law is unclear as to whether this information affects firearm transfers. Md. Code Ann., Crim. Proc. §§ 3-106(h), 3-112(d).

According to Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Maryland maintains information regarding persons with a mental health history when it is voluntarily provided.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Maryland Background Checks section.

Subject to limited exceptions, "regulated firearms" (handguns and assault weapons) and ammunition "solely designed" for regulated firearms, may not be purchased or possessed by persons who are under 21 years of age. Md. Code Ann., Pub. Safety §§ 5-133(d), 5-134(d)(1)(i). See the Maryland Carrying Firearms section for further information.

Although Maryland prohibits the sale or other transfer of a rifle or shotgun to a person under age 18, there appears to be no minimum age to possess a rifle or shotgun. Section 5-134(d)(1)(ii).

Pursuant to Md. Code Ann., Pub. Safety § 5-128, no person may purchase more than one handgun or assault weapon within a 30-day period. There is an exception for a person whose handgun or assault weapon is stolen or irretrievably lost and who “considers it essential” that the firearm be replaced immediately if he or she provides a copy of an official police report which contains relevant information regarding the owner of the firearm and information regarding the loss or theft of the firearm. Id.

A personalized handgun is defined under Maryland law as any handgun manufactured with technology incorporated into the design allowing the handgun to be fired only by a person who is the authorized user of the handgun, and that prevents any of the handgun’s safety characteristics from being easily deactivated. Md. Code Ann., Pub. Safety § 5-132(a)(7). Firearms designed with integrated mechanical safety devices qualify as personalized handguns.

Licensed dealers may not sell or otherwise transfer any handgun in Maryland manufactured after December 31, 2002 unless it has an "integrated mechanical safety device" (see the Maryland Locking Devices section). Section 5-132(c)(2). An integrated mechanical safety device is a disabling or locking device that is built into the handgun and designed to prevent it from being discharged unless the device has been deactivated. Section 5-132(a)(6).

Under section 5-132(d)(1), Maryland's Handgun Roster Board ("Board") is required to review the status of personalized handgun technology and report its findings to the Governor and the General Assembly on or before the first day of July each year. The Board, in reviewing the status of personalized handgun technology, shall consider information on the number and variety of models and calibers of personalized handguns available for sale, and any studies, analyses or other evaluations of personalized handguns conducted or commissioned by: 1) the National Institute of Justice; 2) a federal, state or local law enforcement laboratory; or 3) any other entity with an expertise in handgun technology. Section 5-132(d)(2).

Private firearms sellers (persons who are not licensed dealers) must process transfers of "regulated firearms" (handguns and assault weapons) through a licensed dealer or designated law enforcement agency. Md. Code Ann., Pub. Safety § 5-124(a). In addition, no regulated firearm transfers may be made to any person whom the private seller knows or has a reasonable cause to believe is a prohibited purchaser under state law. Section 5-134(b). No person may transfer ammunition "solely designed" for a regulated firearm to any person under 21 years of age, and may not transfer any firearm or ammunition to persons under 18 years of age. Section 5-134(d).

Private sales of rifles and shotguns are not required to be processed through a licensed dealer, and purchasers are not subject to background checks, but federal and limited state purchaser prohibitions still apply. See the Maryland Background Checks section.

The Secretary of the Maryland State Police maintains a permanent record of all completed transfers of “regulated firearms” (handguns and assault weapons) in the state. Md. Code Ann., Pub. Safety § 5-123(d)(2). The record must contain the caliber, make, model, serial number and special characteristics of each regulated firearm transferred. Id.

Maryland does not require the reporting of lost or stolen firearms. However, pursuant to Md. Code Ann., Pub. Safety § 5-128, no person may purchase more than one handgun or assault weapon within a 30-day period. There is an exception for a person whose handgun or assault weapon is stolen or irretrievably lost and who “considers it essential” that the firearm be replaced immediately if he or she provides a copy of an official police report which contains relevant information regarding the owner of the firearm and information regarding the loss or theft of the firearm. Id.

Any person, whether a licensed dealer or private seller, who sells, rents or otherwise transfers a "regulated firearm" (handgun or assault weapon) may not transfer the firearm until seven days have elapsed following the time a prospective purchaser completes an application to purchase a regulated firearm, and the application is forwarded to the Secretary of the Department of State Police. Md. Code Ann., Pub. Safety §§ 5-123(a), 5-124(a)(1).