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Summary of Maryland Gun Laws
Maryland is now a shall-issue state since the Supreme Court’s ruling on the NYSRPA v Bruen case on June 23rd, 2022. Concealed weapons permits are issued at the state level by the Secretary of the Maryland State Police (Secretary).
A permit to purchase, a background check and firearms registration are required to buy a handgun from a private individual. Private firearms sellers must process transfers of handguns and assault weapons through a licensed dealer or designated law enforcement agency, who then conducts a background check. In addition, Maryland has established a handgun roster that, subject to limited exceptions, lists the only handguns that dealers or any private sellers are allowed to sell in the state.
Concealed carry is legal in Maryland only for Maryland Wear/Carry Handgun Permit (WCHP) holders. Open carry is prohibited as of October 1, 2023. In order to obtain a WCHP, applicants must be at least 21 years old (or 18 years old for employment purposes only).
For each category, additional documents are required.
WCHPs require a state-approved 16-hour firearms training course that includes live-fire training. An additional eight hours of training is required at each WCHP renewal. Permits are issued to residents and non-residents. Some areas are off-limits, including rest areas and state parks. In terms of reciprocity, Maryland does not honor permits from any other states.
Self-Defense
Although Maryland doesn’t have a specific statute, it follows common law principles making it a Castle Doctrine state. There is a duty to retreat, requiring people who are outside of their homes to retreat or avoid danger if possible before using deadly force to defend themselves. Deadly force is only legal when defending one’s self from the immediate threat of serious injury or death. A person:
- Must have reasonable grounds to believe himself or herself in apparent imminent or immediate danger of death or serious bodily harm from his or her assailant or potential assailant;
- Must have in fact believed himself or herself in this danger;
- Must not have been the aggressor or provoked the conflict; and
- The force used must have not been unreasonable and excessive.
In addition, according to Maryland Code, a person is not liable for damages for a personal injury or death of an individual who enters the person’s dwelling or place of business if:
- The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and
- The amount and nature of the force used by the person is reasonable under the circumstances.
[Md. Code Ann., Courts and Judicial Proceedings § 5-808]
Maryland Gun Laws (as of 8/2023)
-Any property belong to a Public School. The law just says “Public School” but does not indicate what type of public school.
-Demonstration – you cannot be within 1000 feet of the demonstration
-In legislative buildings
-On any aircraft
-In a lodging establishment.
-Dredge boats unless it is a 10 gauge shotgun
-Around or inside any public buildings or grounds owned by the state.
-Chesapeake Forest Lands
-In any State Forests
-In State Parks
-Any highway rest area owned by the state, unless the weapon is properly secured within the vehicle.
-Adult rehabilitation centers
-Child care centers, unless it is a small center inside a residence.
-Any place where the carrying of firearms is prohibited by Federal Law.
-Carry in vehicle?
No
Without a permit to carry it is illegal to carry a loaded firearm in a vehicle. If you have a permit to carry then there are no restrictions on carrying a loaded firearm in a vehicle. 4-203 Transporting handgun.
-Open Carry?
No
You will need a permit to carry a handgun either concealed or openly. Although open carry is technically legal it is not advisable in this state. You would most certainly be stopped by the police and your actions could be used as a reason to revoke your permit. The only people who openly carry in Maryland are the police or security guards.
-Carry in State Parks?
No
It is illegal to carry in the following areas; State Parks: NO – Admin code 08.07.06.04 State/National Forests: NO – Admin code 08.07.01.04 State Wildlife Management Areas: YES – Nat. Res. code 10.4 Sec. 4.10.408(d) Road Side Rest Areas: NO – Admin code 11.04.07.12
-Carry in Restaurants
Yes AND No
“Yes” or “No” states if you can carry in a restaurant that serves alcohol. Some restaurants may be posted with “NO GUN” signs. Check with the staff if this means just the bar area. If we have indicated a “Yes” then it should be legal to have a meal without drinking alcohol.
-Constitutional Carry
No
Maryland does not have constitutional carry.
-No Weapons Signs Enforced
No
We have not found any laws giving gun signs the force of law. However, we advise everyone to abide by any gun sign they encounter whether they are lawful or not.
-Must Notify Officer
No
There is no law in Maryland that states you must inform law enforcement you are carrying a firearm. However, there is a law that states you must have a valid carry permit in your possession if you carry, transport or wear a handgun. You would need to present the permit if asked by a law enforcement officer. Sec. 5-308 Possession of permit.
Carry Locations
CARRY IN VEHICLE?
Can you carry a concealed handgun in a vehicle in Maryland?
Only with a Maryland WCHP. Without a permit, Maryland has restrictions for legal transport of firearms within/through Maryland. Handguns can only be transported between residences, to and from a repair shop, a shooting sporting event or between a residence and place of business if substantially owned and operated by the person. For interstate transportation, firearms must be unloaded and in an enclosed case or enclosed holster with neither the firearm nor any ammunition readily accessible or directly accessible from the passenger compartment. In the case the vehicle does not have a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked compartment other than the glove compartment or console.
[Md. Code Ann., Crim. Law § 4-203(b)(2)]
CARRY AT ROADSIDE REST AREAS?
Can you carry a concealed firearm at roadside rest areas in Maryland?
No. The display of firearms is prohibited.
[Md. Admin. Code § 11.04.07.12]
CARRY IN STATE/NATIONAL PARKS, STATE/NATIONAL FORESTS AND WILDLIFE MANAGEMENT AREAS (WMAS)?
Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Maryland?
No
for state/national parks and state/national forests.
[Md. Admin. Code §§ 08.01.07.14 and 08.07.06.04]
Yes, with a Maryland WCHP for WMAs.
[Md. Admin. Code § 10-408(d)]
CARRY IN BARS/RESTAURANTS THAT SERVE ALCOHOL?
Can you carry a concealed firearm in bars and restaurants that serve alcohol in Maryland?
Yes
There is no statute making it illegal to concealed carry with a Maryland WCHP, unless posted and provided you are not under the influence.
CARRY/POSSESS AT A HOTEL?
Can you carry or possess a firearm on hotel property in Maryland?
An innkeeper may refuse to provide lodging or services to, or may remove from a lodging establishment an individual who the innkeeper reasonably believes possesses property that may be dangerous to other individuals, such as firearms or explosives. The individual hotel should be contacted to inquire about it’s concealed carry policy. See the Handguns at Hotels page for additional information.
[Md. Code Ann., Bus. Reg. § 15-203(a)6]
STORE IN A VEHICLE IN AN EMPLOYEE PARKING LOT?
Does Maryland have laws relating to storing firearms in private vehicles in an employee parking lot?
Not addressed in Maryland state law, although employers may have a policy.
DUTY TO INFORM OFFICER YOU’RE CARRYING?
Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Maryland?
No.
There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in Maryland.
DRIVER’S LICENSE LINKED TO CARRY PERMIT?
Is my Maryland driver’s license linked to my Maryland carry permit?
No.
Your Maryland driver’s license is not linked to your Maryland wear/carry handgun permit. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry permit holder immediately when they run your driver’s license. However, LEOs may have access to other databases where they can obtain this information.
“NO WEAPONS ALLOWED” SIGNS ENFORCED?
Are “No Weapons Allowed” signs enforced in Maryland?
If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense.
No.
Not mentioned in state statutes.
PREEMPTION?
Does Maryland have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?
Yes.
There is full state preemption of all gun laws. However, municipalities may regulate firearms and ammunition in, or within 100 yards of, a park, church, school, public building and other place of public assembly.
[Md. Code Ann., Crim. Law § 4-209]
RED FLAG LAW?
Does Maryland have a red flag law?
Yes.
Maryland has a red flag law. A variety of people, including family members, cohabitants, medical professionals and law enforcement are allowed to petition for an order to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim &/or final extreme risk protection order.
[Md. Code Ann., Pub. Safety § 5-601(E)(2)]
BRANDISHING?
Does Maryland state law define brandishing?
No
definition of brandishing was found in Maryland law.
However, a person may not intentionally cause or attempt to cause serious physical injury to another.
A person may not commit an assault with a firearm, including a handgun, antique firearm, rifle, shotgun, short-barreled shotgun or short-barreled rifle.
[Md. Code. Ann. Crim. Law § 3-202]
CARRY WHILE USING ALCOHOL OR DRUGS?
Does Maryland have laws regarding carrying a concealed firearm while using alcohol or drugs?
Not while under the influence of alcohol or drugs.
[Md. Admin. Code §5–314]
As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
HANDGUN PURCHASE & POSSESSION
PURCHASE PERMITS?
Is a permit required to purchase a handgun in Maryland?
Yes, for handguns.
A valid Handgun Qualification License (HQL) is required to purchase, rent or transfer ownership of a regulated firearm. In addition, a person may not purchase more than one regulated firearm in a 30-day period, although there are several exemptions.
BACKGROUND CHECKS FOR PRIVATE GUN SALES?
Are background checks required for private gun sales in Maryland?
Yes.
Private firearms sellers must process transfers of handguns through a licensed dealer or designated law enforcement agency, who are required to conduct a background check. In addition, no regulated firearm transfers may be made to any person whom the private seller knows or has a reasonable cause to believe is a prohibited purchaser under state law. Private sellers of regulated firearms must also forward completed transaction information to the secretary of state’s office within seven days after a regulated firearm transfer.[Md. Code Ann., Pub. Safety § 5-124]
MARYLAND PERMIT EXEMPTS FROM BACKGROUND CHECK?
Does my current Maryland concealed carry permit exempt me from needing a background check when I purchase a firearm?
No.
WAITING PERIOD?
Is there a waiting period after purchasing a handgun in Maryland?
Yes.
Seven days for handguns and assault weapons.
HANDGUN REGISTRATION?
Do handguns need to be registered in Maryland?
Yes, for handguns.
New Maryland residents must register all regulated firearms with the Secretary of the Maryland Department of State Police within 90 days after establishing residency.
APPROVED HANDGUN ROSTER?
Does Maryland have a roster of handguns approved for sale?
No person may manufacture, sell or offer for sale in the state a handgun manufactured after January 1, 1985, that is not included on the handgun roster.
MD Handgun Roster
[Md. Code Ann., Pub. Safety § 5-406]
MINIMUM AGE TO POSSESS AND TRANSPORT?
What is the minimum age to possess and transport a handgun in Maryland?
21 years old.
[Md. Code Ann., Pub. Safety § 5-133 (d)(1)]
POSSESS A HANDGUN ON MY PRIVATE PROPERTY WITHOUT A PERMIT?
Can I possess/carry a handgun in my home without a permit?
Yes.
Anyone legally entitled to carry a firearm may possess a firearm on real estate that the person owns or leases, where the person resides, or within the confines of a business establishment that the person owns or leases.[Md. Code Ann., Crim. Law § 4-203(b)(6)
MORE DETAILS can be FOUND at:
https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/md-gun-laws/
