Verified Firearm Specifications

MD1030 — permit to purchase

Citation: MD Code, Public Safety, § 5-117.1

(b) A dealer or any other person may not sell, rent, or transfer a handgun to a purchaser, lessee, or transferee unless the purchaser, lessee, or transferee presents to the dealer or other person a valid handgun qualification license issued to the purchaser, lessee, or transferee by the Secretary under this section.

MD1048 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

MD1001 — private sales : point of sale

Citation: Md. Code Ann., Pub. Safety § 5-124, § 5-204.1

Md. Code Ann., Pub. Safety § 5-124 § 5-124. Secondary transactions. (a) Seven-day waiting period. (1) A person who is not a licensee may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by a licensee to the Secretary.

MD1047 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

MD1003 — sales from dealer

Citation: Md. Code Ann., Pub. Safety § 5-117.1

Handgun qualification license required for purchase of handguns. … (d) Qualifications for license. Subject to subsections (f) and (g) of this section, the Secretary shall issue a handgun qualification license to a person who the Secretary finds: ... (4) based on an investigation, is not prohibited by federal or State law from purchasing or possessing a handgun.

MD1065 — shall issue

Citation: NEW YORK STATE RIFLE & PISTOL ASSN., INC. v. BRUEN

On June 23, 2022, the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ____ (2022) determined that “may issue” concealed carry laws were unconstitutional, though they explicitly stated that Delaware, Connecticut and Rhode Island’s versions of “may issue” laws were not unconstitutional.

MD1005 — may issue

Citation: Md. Code Ann., Crim. Law § 4-203(b)(2), Md. Code Ann., Pub. Safety § 5-301 et seq.

§ 5-306. Qualifications for permit. (a) In general. Subject to subsection (c) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: .....

MD1006 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

MD1008 — negligent storage

Citation: Md. Ann. Code art. 27, § 36K(b),(e )

(b) Prohibited acts. Except as provided in this section, an individual may not store or leave a loaded firearm in any location where the individual knew or should have known that an unsupervised minor would gain access to the firearm. (e) Penalty. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be fined not more than $ 1,000.

MD1010 — state license requirement

Citation: Md. Code Ann., Pub. Safety §§ 5-101, 5-106, 5-107

(a) Required. -- A person must lawfully possess a dealer's license issued by the Secretary before the person engages in the business of selling, renting, or transferring regulated firearms. (b) One license for each place of business. -- One dealer's license is required for each place of business where regulated firearms are sold.

MD1009 — state license requirement

Citation: Md. Ann. Code art. 27, § 443(a) (1972)

(a) Required.- No person shall engage in the business of selling pistols or revolvers unless he lawfully possesses and conspicuously displays at his place of business, in addition to any other license required by law, a pistol and revolver dealer's license issued by the Superintendent of the Maryland State Police or his duly authorized agent or agents.

MD1054 — authorized

Citation: MD Code, Family Law, § 4-511(a)

(a) When responding to the scene of an alleged act of domestic violence, as described in this subtitle, a law enforcement officer may remove a firearm from the scene if: (1) the law enforcement officer has probable cause to believe that an act of domestic violence has occurred; and (2) the law enforcement officer has observed the firearm on the scene during the response.

MD1013 — assault weapons ban

Citation: Md. Code Ann. Criminal Law §§ 4-301, 4-303

§ 4-301(d) Assault weapon. -- "Assault weapon" means: (1) an assault long gun; (2) an assault pistol; or (3) a copycat weapon.

MD1069 — ban on high capacity magazines

Citation: Md. Code Ann., Crim. Law § 4-305 (b)

(b) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.

MD1020 — one gun per month

Citation: Md. Code Ann., Pub. Safety § 5-128(b)

§ 5-128. Purchases within 30 days -- In general (a) Scope of subsection. -- Subsection (b) of this section does not apply to: (1) a law enforcement agency; (2) an agency authorized to perform law enforcement duties; (3) a State or local correctional facility; (4) a private security company licensed to do business in the State; (5) the purchase of an antique firearm; (6) a purchase by a licensee; (7) the exchange or...

MD1012 — assault weapons ban

Citation: Md. Code Ann. § 4-303

(a) Except as provided in subsection (b) of this section, a person may not: (1) transport an assault weapon into the State; or (2) possess, sell, offer to sell, transfer, purchase, or receive an assault weapon.

MD1066 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

MD1068 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

MD1014 — saturday night special ban

Citation: Md. Code Ann., Pub. Safety Sec. 5-401 et seq.

§ 5-406. Manufacture or sale of handguns (a) Prohibitions. -- (1) Except as provided in § 5-402 of this subtitle, a person may not manufacture for distribution or sale a handgun that is not included on the handgun roster in the State. (2) A person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster.

MD1063 — straw purchase - buyer and seller liability

Citation: Md. Code Ann., Pub. Safety §§ 5-141

(a) A dealer or other person may not be a knowing participant in a straw purchase of a regulated firearm to a minor or to a person prohibited by law from possessing a regulated firearm. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both. (c) Each violation of this section is a separate crime.

MD1070 — straw purchase - buyer and seller liability

Citation: MD Code, Public Safety §§ 5-114(b)(viii); 5-136(b); 5-141; 5-101(v)

(b) The Secretary shall revoke a dealer's license if: (viii) has knowingly or willfully participated in a straw purchase of a regulated firearm; § 5-136 (b) A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

MD1057 — comprehensive

Citation: MD Code, Criminal Law, § 4-209(a)

Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of: (1) a handgun, rifle, or shotgun; and (2) ammunition for and components of a handgun, rifle, or shotgun.

MD1015 — youth possession

Citation: Md. Code Ann., Pub. Safety § 5-133(d)

(d) Possession by person under age of 21 years prohibited; exceptions. -- (1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm.

MD1017 — youth possession

Citation: Md. Code Ann., Pub. Safety § 5-133(d)

(d) Possession by person under age of 21 years prohibited; exceptions. -- (1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm.

MD1071 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

MD1072 — minimum age purchase - federal

Citation: 28 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

MD1073 — minimum age possession - federal

Citation: 43 U.S.C. § 922(b)(1)(c)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

MD1019 — purchase and sale

Citation: Md. Ann. Code art. 27, § 406; Md. Code Ann., Pub. Safety § 5-134(d)(1)(ii) (2016)

It shall be unlawful for any person, be he licensed dealer or not, to sell, barter or give away any firearms whatsoever, or other deadly weapons or any ammunition therefor, to any minor under the age of eighteen years

MD1018 — purchase and sale

Citation: Md. Ann. Code art. 27 § 5-134(b)

A dealer or other person may not sell, rent, or transfer a regulated firearm to a purchaser, lessee, or transferee who the dealer or other person knows or has reasonable cause to believe: (1) is under the age of 21 years

MD1022 — license required

Citation: Md. Code Ann. § 4-203(a), (b)(2)

(a)(1) Except as provided in subsection (b) of this section, a person may not: (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person; (b) This section does not prohibit: (2) the wearing, carrying, or transporting of a handgun, in compliance with any limitations imposed under § 5-307 of the Public Safety Article, by a person to whom a permit to wear, carry, or transport the...

MD1074 — required

Citation: Md. Public Safety Code Ann. § 5-117.1

A dealer or any other person may not sell, rent, or transfer a handgun to a purchaser, lessee, or transferee unless the purchaser, lessee, or transferee presents to the dealer or other person a valid handgun qualification license issued to the purchaser, lessee, or transferee by the Secretary under this section.

MD1037 — erpo : ex parte

Citation: Md. Code Ann., Pub. Safety §§ 5-601(E)(2); 5-602; 5-603

§5-603. (a) (1) When a petition is filed with a District Court commissioner under § 5-602(b)(2) of this subtitle, the commissioner may enter an interim extreme risk protective order to prohibit the respondent from possessing a firearm if the commissioner finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the...

MD1038 — erpo : expanded

Citation: Md. Code Ann., Pub. Safety §§ 5-601(E)(2); 5-602; 5-603

§5-601. (a) In this subtitle the following words have the meanings indicated. (b) “Ammunition” has the meaning stated in § 5-133.1 of this title. (c) “Extreme risk protective order” means a civil interim, temporary, or final protective order issued in accordance with this subtitle. (d) “Firearm” has the meaning stated in § 5-101 of this title.

MD1036 — mental health : committed to mh facility : voluntary

Citation: MD Code, Public Safety, § 5-133

(b) Subject to § 5-133.3 of this subtitle, a person may not possess a regulated firearm if the person: (7) has been found incompetent to stand trial under § 3-106 of the Criminal Procedure Article; (8) has been found not criminally responsible under § 3-110 of the Criminal Procedure Article; (9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10-101 of the...

MD1075 — not RAND violent misdemeanor

Citation: Md. Code Ann., Pub. Safety § 5-133(b)

(b) Subject to § 5-133.3 of this subtitle, a person may not possess a regulated firearm if the person: (1) has been convicted of a disqualifying crime; (2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years; (3) is a fugitive from justice; (4) is a habitual drunkard; (5) is addicted to a controlled dangerous substance or is a habitual user; (6)...

MD1076 — violent misdemeanor

Citation: Md. Public Safety Code § 5-133 (c)

(c)(1) A person may not possess a regulated firearm if the person was previously convicted of: (i) a crime of violence;