Maryland Constitutional Carry Laws

6 min readJun 20, 2024

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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.

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

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.

Penalties for Illegal Firearm Possession

Penalties include:

Up to 15 years for possession after certain convictions
Up to 3 years and $5,000 fine for illegal possession of assault weapons or high-capacity magazines
Up to 5 years and $5,000 fine for illegal possession of short-barrel firearms
Up to 1 year and $1,000 fine for carrying firearms in prohibited locations
30 days to 3 years for unlawful handgun carrying

Penalties for Illegal Possession on or Near School Grounds

Carrying a firearm on school property can result in up to 3 years imprisonment and a $1,000 fine. If it’s a handgun, penalties range from 90 days to 5 years imprisonment and fines up to $2,500.

Red Flag Law?

Yes, family members and others can petition for an extreme risk protection order to restrict firearm access for those deemed dangerous.

Universal Background Checks?

Yes, most firearms transactions require a criminal background check, including private sales through licensed dealers.

Stand Your Ground Law?

No, Maryland requires a duty to retreat before using deadly force, except when defending one’s home.

Maryland Constitutional Carry Laws

Maryland Gun Control Laws

Maryland Gun Control Laws

Maryland Permit Laws

Location Prohibitions

Preemption Law

Relevant Maryland Gun Control Statutes

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

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

Illegal Arms

Waiting Period

Who May Not Own

License Required?

Concealed Carry License Required?

Open Carry Allowed?

Eligibility for a Concealed Carry License

Machine Gun Laws

Penalties for Illegal Firearm Possession

Penalties for Illegal Possession on or Near School Grounds

Red Flag Law?

Universal Background Checks?

Stand Your Ground Law?

Gun Permit Laws by State

Written by Ron Wilmington