Maryland has some of the toughest firearm regulations in the country. While many residents believe they understand their rights, gun laws in the state are complex and can change frequently. A simple misunderstanding can lead to serious criminal charges that carry penalties like heavy fines as well as possible jail time, so it’s essential to know what the law allows and doesn’t.
Here are five key things to understand about how Maryland regulates firearm ownership and use.
1. You Must Meet Strict Requirements to Own a Firearm
Under Maryland Public Safety Code § 5-117.1, anyone who wants to purchase or possess a regulated firearm must meet several conditions. You must be at least 21 years old and pass both a background check and a firearms safety training course.
Certain individuals are prohibited from owning or possessing a firearm altogether. That includes convicted felons, people with active restraining orders, individuals convicted of domestic violence offenses, and those with certain mental health adjudications.
Violating these restrictions and others can result in felony charges that carry years in prison and permanent disqualification from owning any gun.
2. You Need a Permit to Carry a Handgun
Maryland divides firearm laws between ownership and carrying. Even if you legally own a firearm, you cannot have it outside your home or business without a permit.
The Wear and Carry Permit, issued by the Maryland State Police, allows an individual to carry a handgun concealed or openly. Applicants must complete an approved firearms training course, pass a background check, and show “good and substantial reason” for the permit. However, note that this standard has been challenged and refined in recent years following federal rulings, so the law is quickly evolving on the topic.
Carrying a handgun without a valid permit is a serious offense under Maryland Criminal Law § 4-203. Penalties can include up to three years in jail for a first offense, and longer for repeat violations.
3. Maryland Bans Certain Assault Weapons and Magazines
Maryland law prohibits the sale and transfer of many types of semiautomatic rifles classified as “assault weapons.” These include specific models, such as the AR-15 and AK-47, and their variants. The Firearm Safety Act of 2013 also restricts magazines that hold more than 10 rounds.
Owning one of these banned weapons can lead to felony charges. However, residents who legally owned these firearms before the law took effect may potentially be allowed to keep them, as long as they comply with all registration and transport requirements.
4. Transporting Firearms Requires Careful Compliance
Maryland law requires guns to be transported safely and properly in virtually every circumstance. Further, firearms must be unloaded and stored in a locked container, separate from ammunition.
Failing to follow these transport rules can result in criminal charges for illegal possession or improper transport of a firearm. Out-of-state visitors are especially vulnerable to these violations because Maryland’s rules differ sharply from those of neighboring states.
5. Gun Crimes in Maryland Carry Harsh Penalties
Violations of Maryland’s gun laws can lead to serious consequences.
Common gun crime charges include:
- Possession of a firearm by a prohibited person
- Carrying a firearm without a permit
- Illegal sale or transfer of a firearm
- Using a firearm during the commission of a crime
Many of these offenses are classified as felonies and carry mandatory minimum prison sentences. In some cases, judges have little discretion to reduce the penalties as well. That’s why it’s crucial to have an experienced Maryland criminal defense attorney on your side who understands these laws and who can fight to protect your freedom.
Contact the Maryland Gun Crimes Lawyer at Alpert Schreyer Criminal Defense Attorneys for Help Today
Gun laws in Maryland are strict, and prosecutors take these cases seriously. However, being charged with a firearm offense doesn’t automatically mean you’re guilty.
That’s where Alpert Schreyer Criminal Defense Attorneys can help. Our knowledgeable Maryland defense lawyers can review the facts and circumstances of your case and determine whether law enforcement followed proper procedures.
Contact us today for a free consultation to learn about your options and start building a strong defense strategy.
Your future is too important to leave to chance. For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
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Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
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Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771