Charged with a gun crime in Maryland? Learn about firearm possession laws, who is prohibited from owning guns, mandatory sentences, and your legal defense options.
Maryland's Firearm Laws: An Overview
Maryland has some of the strictest gun laws in the United States. The state imposes licensing requirements, background checks, restrictions on certain weapon types, and significant criminal penalties for illegal possession or use of firearms.
Maryland firearm laws are primarily found in Title 5 of the Public Safety Article, along with various provisions of the Criminal Law Article. Federal law — including the Gun Control Act and federal prohibited persons list — also applies to Maryland residents.
If you have been charged with a firearm offense in Maryland, you are facing potentially serious prison time and the permanent loss of your right to own or possess firearms.
Who Is Prohibited from Possessing a Firearm in Maryland?
Under Maryland law, the following persons are prohibited from possessing a regulated firearm:
- Anyone convicted of a felony (in Maryland, another state, or federal court)
- Anyone convicted of a misdemeanor carrying a penalty of more than 2 years in prison
- Anyone convicted of a crime of violence
- Anyone with a prior conviction for certain drug offenses
- Anyone subject to an active civil protective order
- Anyone convicted of domestic violence offenses (federal law also bars possession)
- Anyone adjudicated as a mental health patient involuntarily committed
- Anyone under the age of 21 (for most regulated firearms)
- Fugitives from justice
- Illegal drug users or addicts Possession of a firearm when prohibited can result in up to 10 years in prison, with mandatory minimum terms applying to repeat offenders and those with multiple prior felonies.
Common Firearm Charges and Penalties
Illegal Carrying/Wearing a Firearm (Without a Permit)
Maryland requires a permit to carry a handgun. Carrying without a permit is a misdemeanor:
- First offense: up to 3 years in prison and a fine of $250 to $2,500
- Second conviction: 1 to 10 years in prison
- Three or more convictions: minimum 3 years, up to 10 years in prison Unlawful Possession by a Prohibited Person Possessing a firearm when you are a prohibited person:
- Up to 10 years in prison
- Three or more felony convictions: mandatory minimum of 15 years without parole Possession of a Regulated Firearm by a Minor Providing a regulated firearm to a minor under 21 is a felony. Minors found in possession face juvenile adjudication or, in some cases, adult criminal charges.
Possession of an Unregistered Destructive Device
Possessing a machine gun, sawed-off shotgun, sawed-off rifle, or silencer:
- Up to 10 years in prison without the possibility of parole According to Houlon Berman Law, Maryland also restricts possession of assault pistols, with violations resulting in up to 3 years in prison and a $5,000 fine.
Use of a Firearm During a Crime
Using a firearm in the commission of a violent crime or felony triggers an additional mandatory sentence. Under Maryland law:
- First offense: a mandatory 5-year sentence, consecutive to any other sentence (cannot be suspended)
- Subsequent offenses carry progressively longer mandatory terms These mandatory sentences are separate from and run in addition to the sentence for the underlying crime. They cannot be suspended, and the defendant cannot receive probation for this portion of the sentence. This makes firearm-enhanced charges some of the most serious in Maryland's criminal code.
Assault Pistols and Other Prohibited Weapons
Maryland maintains a specific list of prohibited assault pistols under Maryland Public Safety § 5-101. Possessing, manufacturing, or selling any weapon on this list is a criminal offense.
Maryland also prohibits:
- Assault long guns (if purchased after October 1, 2013, without registration)
- Copycat weapons designed to circumvent the assault weapon ban
- Short-barreled rifles and shotguns
- Machine guns The state also requires that all regulated firearms be sold through a licensed firearm dealer, with a mandatory waiting period and background check.
Defense Strategies for Maryland Gun Charges
Despite the severity of Maryland's gun laws, there are viable defenses to firearm charges:
Challenging the Search and Seizure
Many gun charges begin with a police stop or search. If the search was conducted without a valid warrant, lawful consent, or a recognized legal exception, the firearm may be suppressed as evidence — meaning the case collapses without that evidence.
Challenging Constructive Possession
If a firearm was found in a shared location — a car with multiple occupants, a shared residence — the prosecution must prove you knew about the gun and had dominion and control over it. This is often a difficult burden to meet.
Challenging Prior Conviction Records
If your prohibited status stems from a prior conviction, your attorney may investigate whether that conviction was properly entered, whether you received appropriate legal representation, or whether the record is accurate.
Challenging the Classification of the Weapon
Whether a particular weapon qualifies as a "regulated firearm" or "assault pistol" under Maryland law can sometimes be contested. Misclassification of a weapon type can result in dismissal of certain charges.
According to the American Bar Association, defendants in firearms cases have the same constitutional protections as defendants in any other criminal matter — including protection from unreasonable searches and seizures.
FAQ
Can a felon ever get their gun rights back in Maryland?
It is possible but difficult. A person convicted of a felony may petition the court to have their firearms rights restored by demonstrating they no longer pose a danger to public safety. The process is complex and not guaranteed.
Is it legal to carry a handgun in Maryland without a permit?
No. Maryland requires a Wear and Carry Permit (HQL + carry permit) to legally carry a handgun in public. Carrying without a permit is a criminal offense.
What is the mandatory minimum for using a gun during a violent crime in Maryland?
Five years, mandatory, consecutive to any other sentence. This cannot be suspended and you cannot receive probation for this portion of the sentence.
Can you own a gun in Maryland if you have a domestic violence conviction?
No. Both Maryland state law and federal law prohibit persons convicted of domestic violence misdemeanors or subject to domestic violence protective orders from possessing firearms.
Does Maryland have a "stand your ground" law?
No. Maryland is a "duty to retreat" state. Generally, you must attempt to retreat before using deadly force in self-defense — unless you are in your home, where the Castle Doctrine applies. Speak with a Maryland criminal defense attorney today. Firearm charges carry some of the most severe mandatory sentences in Maryland law. A skilled defense attorney can challenge the evidence, protect your rights, and fight for every available option.
