Maryland, like all states in the U.S., has a complex set of laws governing firearms. These laws aim to balance the right to bear arms with public safety. Understanding these laws is crucial for anyone who owns or plans to own a firearm in Maryland.
Some Key Points to Remember:
Maryland does not recognize concealed carry permits from other states. Only permits issued by Maryland are valid within the state. This means if you have a concealed carry license/permit (CCL) from Pennsylvania (for example), it is not valid in Maryland.
Transporting a handgun in Maryland is strictly regulated. Unless you are law enforcement, active military, or a correctional officer, you need a valid permit to wear, carry, or transport a handgun, whether concealed or open. Even with a permit, it’s illegal to carry a gun on school property or with the intent to harm someone.
There are limited exceptions for transporting unloaded handguns. You can transport an unloaded handgun in an enclosed case or holster to and from a place of sale, a repair shop, or between residences.
Maryland has a zero-tolerance policy for illegal possession of firearms, particularly assault pistols. The state prohibits specific assault pistols and possessing any of these can lead to up to 3 (three) years in prison and a $5,000 fine.
Penalties for gun offenses are severe and can increase for repeat offenders. For instance, illegally carrying a handgun can lead to up to 3 years in jail and fines ranging from $250 to $2,500 for first-time offenders. Subsequent offenses carry harsher penalties, including mandatory minimum prison sentences. Using a firearm during a violent crime adds up to 20 years to any other sentence.
For the specific law, refer to Md. Code Ann. § 4-203, which you can read here.
Possession and Its Implications:
“Possession” under Maryland law is broadly defined. It doesn’t necessarily mean having a firearm directly on your person. It can also mean having it within reach or in a vehicle you control. Even if you’re unsure about a specific situation, it’s crucial to err on the side of caution. If you’re uncertain about the legality of your actions, reach out to an attorney or the Maryland State Police for clarification.
Maryland EXILE Program
Maryland’s EXILE program aims to prevent gun crimes and targets repeat offenders. It allows for federal prosecution in cases involving drugs, violent crimes, and individuals with prior convictions.
In cooperation with the U.S. Attorney’s Office of Maryland and the State of Maryland, this program focuses on prosecuting firearms-related charges in federal court, plus media and public relations campaigns designed to drive awareness and outreach into various Baltimore neighborhoods with the stated goal of reducing violent crime. You can read the 2021 press release here.
Beyond Common Gun Offenses
Maryland law covers a wide range of gun-related offenses. This includes using a weapon in a school zone, unlawful possession of a firearm by felons or drug users and possessing unregistered firearms like sawed-off shotguns or silencers.
Each of these offenses carries specific penalties, highlighting the comprehensive nature of Maryland’s gun laws.
For example, Section § 4-203 of the Criminal code of Maryland, highlights, in detail, the types of assault weapons and magazines that are prohibited (with some exceptions). A person who violates this subtitle is guilty of a misdemeanor and upon conviction subject to imprisonment for a period not to exceed 3 years or a fine not exceeding $5,000 or both.
However, if someone uses an assault weapon, a rapid fire trigger activator, or a magazine with a capacity of more than 10 rounds of ammunition in the commission of a felony or crime of violence, they are subject to imprisonment for not less than 5 years (not exceeding 20 years). Subsequent violations include imprisonment for not less than 10 years (and not exceeding 20 years).
The law is very specific on the types of assault weapons that are prohibited. Some of them include:
· AA Arms AP–9 semiautomatic pistol
· Bushmaster semiautomatic pistol
· Claridge HI–TEC semiautomatic pistol
· D Max Industries semiautomatic pistol
· Encom MK–IV, MP–9, or MP–45 semiautomatic pistol
· Heckler and Koch semiautomatic SP–89 pistol
· Holmes MP–83 semiautomatic pistol
· Ingram MAC 10/11 semiautomatic pistol and variations including the Partisan Avenger and the SWD Cobray
· Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire variation
· P.A.W.S. type semiautomatic pistol
· Skorpion semiautomatic pistol
· Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell)
· UZI semiautomatic pistol
· Weaver Arms semiautomatic Nighthawk pistol
· Wilkinson semiautomatic “Linda” pistol
For more details, review the current Code. You can find some of the statutes on weapon crimes here.
Understanding the Consequences
A criminal conviction in Maryland will appear on background checks. This can have significant impacts on your life, affecting employment opportunities and other aspects. In addition, charges can range from misdemeanors to felonies – and can carry significant jail or prison time and fines.
It’s crucial to remember that even seemingly minor offenses can have lasting consequences.
Maryland’s gun laws are designed to ensure responsible gun ownership and public safety, but can be confusing and complicated.
If you have questions about navigating the criminal justice system after being charged with a gun crime, how to calculate good time and release dates, have parole or probation-related questions, or other non-legal questions, contact us for a free consultation.