Citation(s) from the GunPolicy.org literature library
Giffords Law Center to Prevent Gun Violence. 2024 ‘Firearm Prohibitions in Maryland.’ Who Can Have a Gun. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 26 April
Relevant contents
Prohibited Purchasers Generally in Maryland
Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.
In Maryland, the Secretary of the Maryland State Police must deny a transfer of a 'regulated firearm' where the prospective purchaser, lessee or transferee:
- Has been convicted of:
A crime of violence; Any Maryland-classified felony; Conspiracy to commit a felony; A common law crime for which the person received a term of imprisonment for more than two years; or Any Maryland-classified misdemeanor that carries a statutory penalty of more than two years;
- Is a fugitive from justice;
- Is a habitual drunkard;
- Is an addict or habitual user of any controlled dangerous substance;
- Is suffering from a mental disorder and has a history of violent behavior, unless the purchaser, lessee, or transferee possesses a physician's certificate stating that he or she is capable of possessing a regulated firearm without undue danger to himself, herself or others;
- Has been confined for more than 30 consecutive days to a facility unless the purchaser, lessee, or transferee possesses a physician's certificate stating that he or she is capable of possessing a regulated firearm without undue danger to himself, herself or others;
- Is visibly under the influence of alcohol or drugs;
- Is under 21 years of age;
- Is a participant in a "straw purchase" (a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to:
1) complete the application to purchase a regulated firearm;
2) take initial possession of the regulated firearm; and
3) subsequently transfer the regulated firearm to the person);
- Is subject to a "non ex parte civil protective order;"
- If under the age of 30 years at the time of the transaction, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult; or
- Has not completed a certified firearms safety training course, required to obtain a regulated firearm.
Maryland explicitly prohibits the following persons from possessing standard rifles and shotguns:
- A person suffering from a mental disorder who has a history of violent behavior against himself, herself or others; or
- A person who has been confined for more than 30 consecutive days in a facility, per Md. Code Ann., Health-Gen. § 10-101.
In 2011, Maryland enacted a law prohibiting possession of standard rifles and shotguns by any person convicted of a crime of violence, or certain Maryland laws regarding controlled substances.
Transfers of rifles and shotguns by private sellers (non-firearms dealers) are not subject to background checks, although federal purchaser prohibitions still apply…
[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]