Maryland has some of the strictest gun laws in the United States. Illegal possession of a firearm carries a mandatory 30 days in jail for a first offense, and subsequent offenses can result in longer terms of imprisonment. Illegally carrying a firearm in a school zone, as a felon, or a gun that is unregistered can result in even heavier fines and consequences.
What most Maryland citizens do not know is the complexities of Maryland law around firearms. You may unknowingly be in illegal possession of a firearm – if the firearm is not stored properly, if the current documentation is not present, or if you’re in a prohibited area. To avoid criminal charges, you need to know what is considered possession of a firearm in Maryland.
Read on to discover what is and is not considered possession of a firearm and how to properly carry, store, and transport firearms in Maryland. For more information, contact Saller Law to discuss your case and ensure you are in compliance with the law. We provide criminal defense services in Baltimore, MD, specifically related to firearm law, to help protect your Second Amendment rights.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
Possession of a Firearm in Maryland
Legal Firearm Possession
In Maryland, you are legally allowed to possess a rifle or shotgun that meets ammunition restrictions and does not feature prohibited military-style attachments, and handguns approved on the official Handgun Roster with a Handgun Qualifying License (HQL), as long as you are 21 or older and do not have a disqualifying criminal history.
Illegal Firearm Possession
Even if you are older than 21, with the proper licenses and registrations, you may still come across situations where you can be found in illegal possession of a firearm. Do not assume that an HQL, concealed carry, or hunting trip with the proper rifles or shotguns is exempt from criminal charges. Know the law and understand when you can be charged with illegally possessing a firearm in Maryland. Ignorance of the law is not a defense, and you can still face convictions, fines, and imprisonment.
Juvenile Criminal Record
If under the age of 30 with a juvenile criminal record, you may be found in illegal possession of a firearm if the convicted act was otherwise considered a crime of violence if tried in adult court, otherwise classified as a felony if tried in adult court, or would have carried a sentence of two years in jail if tried in adult court.
Unregistered Firearm
All handguns must be registered in the state of Maryland with an approved HQL before purchase; new residents must register all regulated firearms within 90 days of moving into the state; standard rifles and shotguns do not need to be registered.
Attachments and Ammunition Restrictions
Detachable magazines with a capacity over 10 rounds, military-style attachments, rapid-fire attachments, barrel length alterations, and armor-piercing ammo are all illegal and may result in illegal possession of a firearm charges. Learn more about what firearms are illegal in Maryland.
Unlicensed Ownership
Owning, possessing, or carrying a handgun without the proper HQL is illegal in Maryland and can result in criminal charges. Learn the process for obtaining your HQL in Maryland.
Unlicensed Carry
You must possess a valid wear-and-carry permit to conceal carry a handgun on you in Maryland. Maryland does not recognize any other concealed carry permits from other states; your carry permit must be issued by Maryland.
Improper Transport
To transport a firearm in Maryland, the gun must be unloaded, locked in a case or holster, and not within reach of the driver. Even with a legal firearm and the proper carry permits, an unlawfully transported firearm can result in jail time and fines. Most illegal possession of a firearm charges come from improper transport.
School or Government Property
Firearms are strictly prohibited on school and government property in Maryland, including locked and unloaded in a vehicle parked on the property. Always know what buildings you are entering, parked near, or walking on the grounds of, including state or federal parks.
Habitual Drunkard or Addict
Those found to be a habitual drunkard or addict are not eligible to lawfully possess a firearm in Maryland; if you are found to fit these descriptions, you may be in illegal possession of a firearm.
Disqualifying Mental Conditions
Certain mental conditions prohibit a person from owning or possessing a firearm in Maryland; this also applies if a person was found incompetent to stand trial due to mental health, was involuntarily committed to a mental health facility, or was voluntarily committed for 30 or more days.
Restraining Orders
If you are a respondent under an active protection order, peace order, or extreme risk protection order, you are not to possess or purchase any firearms under Maryland law. All previously owned firearms must be surrendered to the police.
Domestic Violence and Violent Crimes
If you have received a probation before judgment for domestic violence, or you were convicted of a violent crime, including assault, in which there was a penalty of two or more years, you are disqualified from possessing a firearm in Maryland.
Felony Conviction
Convicted felons are not allowed to possess firearms in the state of Maryland.
Stolen Firearm
You are not to be in possession of a stolen firearm, and ignorance of a stolen firearm does not exempt one from criminal charges.
Contact a Lawyer for Unlawful Possession Defense
Saller, Ernstberger, & McElroy is here to assist you in navigating charges of unlawful possession of a firearm in Maryland. Even the most well-meaning, law-abiding citizens may find they are being charged with criminal activity. Work with a defense lawyer who understands the law and wants to protect your rights. Call today for a consultation and learn more about how we can help you navigate unlawful possession charges and maintain your Second Amendment Rights.
Learn More: What Happens If You’re Charged with Illegal Gun Possession in Maryland
