Maryland has some of the strictest gun laws in the US, including what guns are banned in Maryland. These apply to concealed carry, possession, and even magazine limits. Both Maryland residents and out-of-state residents traveling through Maryland must adhere to all Maryland gun laws.
If you are found in possession of an illegal firearm in Maryland, you may face penalties including minimal jail time, prison sentences, or heavy fines. Ignorance of the law or out-of-state laws do not apply. If found guilty, the charges could affect you in the state of Maryland and Federally across the US. You may lose your access to gun ownership or a wear and carry permit.
Learn what guns are illegal in Maryland, including magazine limits, and the penalties for possession of an illegal firearm in Maryland. Saller Law is a Firearms Defense Lawyer in Maryland and is available for consultations and representations. If you were found in possession of an illegal firearm in Maryland, contact us to learn more about your options.
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.
Illegal Guns in Maryland and Copycat Weapons
Maryland does not allow the possession of assault weapons, high-capacity weapons, or copycat weapons.
A copycat weapon is any weapon designed to mimic a banned weapon under a different name. For example, an AK-47 is a banned weapon in Maryland; a copycat weapon is any weapon that acts like an AK-47, such as being semiautomatic with a detachable magazine. Copycat weapons may not be possessed, sold, or transferred in Maryland.
For law enforcement purposes, Maryland considers a firearm a copycat weapon if it is both cosmetically similar to a banned weapon and has interchangeable internal components that meet the full operation and function of the banned gun. The ultimate determination is left up to the arresting officer at the time. It is advised to contact a firearms attorney in Maryland ASAP if you were found in possession of a copycat weapon. Due to the gray areas in Maryland law, Saller Law may be able to assist with your charges.
When purchasing a firearm in Maryland that you are unsure of, it is best to assess your gun based on its features and actions vs a list of named banned weapons. It is advised to contact a reputable firearms dealer to consult on any weapon you are considering purchasing in Maryland.
Here are the primary features of banned guns that are illegal in Maryland; these may not be purchased, sold, or transferred:
- A semi-automatic centerfire rifle that accepts a detachable magazine cannot have two of the following:
- Folding stock
- Grenade launcher or flare launcher
- Flash suppressor
- A semi-automatic centerfire rifle with a fixed magazine that holds more than 10 rounds
- A semi-automatic centerfire rifle that is less than 29 inches in length with a fully extended stock and no removable additions to the barrel
- A semiautomatic pistol with a fixed magazine that can accept more than 10 rounds
- A semi-automatic shotgun with a revolving cylinder
- A shotgun with a revolving cylinder
Additional Banned Weapons in Maryland
- Magazines over 10 rounds
- Stun guns, tasers, and defense spray in Baltimore City, Baltimore County, and Howard County
- Exploding targets sold as separate binary components; these may be found under names such as Tannerite, H2, and Last Man Standing
An exhaustive list of named banned and accepted weapons in Maryland can be found on the Maryland government website: https://mdsp.maryland.gov/Organization/Pages/CriminalInvestigationBureau/LicensingDivision/Firearms/FirearmSearch.aspx
Penalties for Banned Firearm Possession in Maryland
Possessing a banned weapon in Maryland can result in heavy fines, jail time, or even prison. It is considered a misdemeanor offense to possess an illegal gun in Maryland, such as an assault weapon or high-capacity magazine. Fines may reach $5,000 with up to 3 years in prison.
Penalties for owning an illegal gun in Maryland may be more severe if the weapon was used in an assault or if it is a subsequent charge. For convicted felons or those barred from owning any firearms, jail time may increase up to 20 years in prison.
Inheriting a Regulated Firearm in Maryland
If you are inheriting an assault weapon in Maryland, there are a few circumstances under which you can rightfully possess the weapon. The previous owner must have lawfully owned the gun prior to the assault weapon ban that took place in 2013 in Maryland.
You must not be a convicted felon or otherwise ineligible to lawfully own a gun in Maryland. All firearms must be registered with the Maryland State Police. You can complete the proper documentation through the licensing portal here: https://mdsp.maryland.gov/Organization/Pages/CriminalInvestigationBureau/LicensingDivision/Firearms/RegulatedFirearmPurchases.aspx
Contact a Firearms Attorney for More Information
If you are concerned about purchasing an assault weapon in Maryland or if you have been charged with owning a banned gun in Maryland, contact Saller Law to consult with one of our firearms defense lawyers. We can review the details of your case and advise on your best approach moving forward.
At Saller Law, we believe in the Second Amendment. Firearms attorney Andrew Saller is an experienced criminal defense attorney and firearms advocate. He is the co-host of the podcast Urban Defense, contributes to the Urban Defense Educational Organization, and is an Executive Member of Maryland Shall Issue.
Navigating the complexities of assault weapons in Maryland can be tricky. We work with you if you are selling, purchasing, registering, or transferring an assault weapon to ensure it is done legally and we can represent you if you’ve been charged with a crime related to possessing, purchasing, or selling an illegal gun in Maryland.
Check out our additional resources for gun laws in Maryland:
Frequently Asked Questions
What is an illegal gun in Maryland?
Illegal guns in Maryland, otherwise known as banned guns, include assault weapons, copycat weapons, unserialized “ghost guns,” illegally modified firearms, and high-capacity magazines.
What is a copycat weapon in Maryland?
A copycat weapon is any firearm that mimics the look and function of a named banned assault weapon. If it operates as the same function as a named banned gun in Maryland, it is considered a copycat weapon and is illegal. The determination lies with the arresting officer.
Are ghost guns illegal in Maryland?
Yes, Maryland has strict laws regarding ghost guns and unserialized firearms. Possessing or manufacturing a firearm without a required serial number can lead to criminal charges from both the state and federal government.
Can I go to jail for possessing an illegal firearm in Maryland?
Yes, illegal firearm possession in Maryland can carry serious penalties, including jail or prison time, fines, probation, and a permanent criminal record. Certain firearm offenses may also trigger mandatory minimum sentences.
What happens if I am arrested on a Maryland gun charge?
After an arrest, you may face booking, bail hearings, firearm confiscation, and criminal court proceedings. The outcome depends on the circumstances of the case, the specific charges involved, and whether prior criminal history exists. Contact a firearms attorney ASAP to help with your defense.
Can I legally transport a firearm in my vehicle traveling through Maryland?
Maryland has strict firearm transportation laws. In many cases, firearms must be unloaded and stored properly during transport. Traveling with a firearm outside of legally permitted situations could result in criminal charges. If the firearm is banned in Maryland, it may not be transported through Maryland, even if you are from out of state and only passing through.
What defenses are available against illegal gun charges?
Saller Law firearms attorneys will explore all options for illegal gun charges. We look at circumstances that may have included unlawful search and seizure, lack of possession, lack of knowledge, constitutional violations, or improper police procedures. Every firearm case is different, and our attorneys can evaluate the facts and evidence involved during your consultation.
Why should I contact a Maryland firearm attorney after a gun arrest?
Gun charges can carry long-term consequences that affect employment, firearm rights, professional licenses, and freedom. A Maryland firearm attorney can review the evidence, explain your legal options, and work to protect your rights throughout the legal process.
