Maryland

Maryland Permit Eligibility

Wear and Carry Permits may be issued to any adult (18 years of age or over) who meets the following criteria:

1. An applicant between 18 and 21 years of age may only be issued a wear and carry permit to possess a regulated firearm required for employment. - P.S. 5-133 (d)(2)(v)
2. Has not been convicted of a felony or a misdemeanor for which a sentence of imprisonment for more than one year has been imposed; or convicted of a criminal offense for which you could have been sentenced to more than 2 years incarceration.
3. Has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;
4. Is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless under legitimate medical direction;
5. Based on an investigation, has not exhibited a propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to the person or others;
6. As of October 1, 2013, has successfully completed the Maryland State Police approved firearms training course within 2 years prior to submitting the original or renewal application.

Md. Code Regs. 29.03.02.03

Maryland Permit Training Requirements

A Handgun Permit Training Course shall consist of a minimum of 16 hours of instruction by a Qualified Handgun Instructor for initial applicants or eight hours of instruction by a Qualified Handgun Instructor for renewal applicants, and shall include the following minimum curricula.

1. State Firearm Law
2. Home Firearm Safety
3. Handgun Mechanisms and Operation
4. Proficiency and Use Demonstration.
   1. Except as provided in §C(4)(b) of this regulation, the shooting component shall be at least 25 rounds and an applicant may not be required to fire in excess of 15 yards from the target during qualifications.
   2. For designated security personnel, the shooting component shall be conducted on a practical police course as approved by the Secretary. The shooting component shall be at least 50 rounds and an applicant may not be required to fire in excess of 25 yards during qualifications.

Md. Code Regs. 29.03.02.05(C)

Maryland Permit Application Process

As of October 1, 2013, all new, renewal, and subsequent applicants must successfully complete required firearms training, within 2 years, prior to submitting the application.

As of October 1, 2016 Fingerprints will no longer be required for renewal application submissions.  Fingerprints are still required for all initial/origin​al Handgun Permit applications. (MD SB208 2016)

As of October 1, 2019, all Wear and Carry permit applications (original, renewal and subsequent) and requests (modification and replacement) must be submitted online in the Licensing Portal. All documentation requirements and any clarifications you feel may assist investigators in processing your applications must be uploaded and electronically attached to the application in the Licensing Portal.

The minimum documentation required for the acceptance of the Wear and Carry permit application are:

• Color passport-size photograph
• Electronic fingerprint transmission receipt
• Certificate of Handgun Training or documentation of exemption

Please allow 90 days for completion of the application process.

Maryland Permit Renewal Process

The initial Handgun Permit expires on the last day of the holder’s birth month following two (2) years after the date the permit is issued. Permits that have been modified or are a duplicate expire on the date provided on the initial permit.

A Handgun Permit may be renewed for successive periods of three (3) years each if, at the time of an application for renewal, the applicant possesses the qualifications for the issuance of a permit and pays the renewal fee as established in the subtitle.

The renewal process is the responsibility of the applicant and should be started no less than 90 business days from expiration of the permit. Timely renewal is the responsibility of the permit holder. The Licensing Portal will only send out renewal reminders for Wear and Carry permit applications that have been submitted through the online portal.

It is the permit holder’s responsibility to notify the Licensing Division of address changes, in writing, within 30 days of any change. You must mail this change to the same address as you would mail an application.

If my permit has expired, can I still submit my application as a Renewal? 

No. All expired wear and carry permit applications must be submitted as an Original application. This includes all Original application fees, fingerprints, training, and documentation requirements.

Maryland Permit Application Fees

All fees will be collected electronically at the time of application submission in the Licensing Portal. Acceptable forms of payment include Visa and MasterCard.

Original/Initial – $125.00 – Fingerprint Fees not included

Renewal – $75.00 – Fingerprints not required

Replacement/Modification – $20.00 – Fingerprints not required

Active/Retired Law Enforcement Officers of this State or a County/Municipality (PS 5-304) – $0.00

Md. Code, Pub. Safety § 5-304

Maryland Shall Issue

In accordance with the 2022 US Supreme Court ruling in N.Y. State Rifle & Pistol Assoc. v. Bruen, the state of New York is no longer legally allowed to require proof of “Proper Cause” in order to obtain a license.

On July 5, 2022, Maryland Governor Larry Hogan issued a statement related to the Bruen decision. Governor Hogan stated: “Last month, the U.S. Supreme Court struck down a provision in New York law pertaining to handgun permitting that is virtually indistinguishable from Maryland law. In light of the ruling and to ensure compliance with the Constitution, I am directing the Maryland State Police to immediately suspend utilization of the ‘good and substantial reason’ standard when reviewing applications for Wear and Carry Permits. It would be unconstitutional to continue enforcing this provision in state law. There is no impact on other permitting requirements and protocols.”

This ruling now makes Maryland a “Shall Issue” state, as opposed to the “May Issue” state it was previously.

May Issue State Defined:

A state classified as may issue claims the right to deny a permit to carry a firearm, regardless of eligibility, generally without providing an explanation or right to appeal. Generally speaking, in May Issue states you must prove you have a special or particular need to carry a firearm, beyond mere self-defense or it being your right.

Shall Issue State Defined:

As opposed to May Issue states that arbitrarily deny people permits, a Shall Issue state is one that, although it may require a permit in order to carry a firearm, has determined that these permits shall be issued to any applicant that meets basic requirements. Permits are issued equally to all eligible applicants, without any discretion from the issuing authority.

Maryland is not a permitless-carry state.

Maryland law:

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.

MD Code, Criminal Law, § 4-209

Maryland Preemption Exceptions

1. A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:
   1. With respect to minors;
   2. With respect to law enforcement officials of the subdivision; and
   3. Except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly;
2. A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.
3. A county, municipal corporation, or special taxing district may not prohibit the transportation of an item listed in subsection (a) of this section by a person who is carrying a court order requiring the surrender of the item, if:
   1. the handgun, rifle, or shotgun is unloaded;
   2. the person has notified the law enforcement unit, barracks, or station that the item is being transported in accordance with the court order; and
   3. the person transports the item directly to the law enforcement unit, barracks, or station.

Preexisting local laws. -- To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.

Discharge of firearms. --

1. Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.
2. A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.

MD Code, Criminal Law, § 4-209

Maryland law:

Private Party Firearm Transfers

“Private” firearms sellers (persons who are not licensed dealers) must process transfers of all “regulated firearms” (handguns and assault weapons) as well as rifles and shotguns through a licensed dealer, who will conduct a background check.

Regulated firearms may also be transferred through a designated law enforcement agency.

Private party transfers that aren’t conducted through a dealer or law enforcement agency are prohibited by law.

In addition, no regulated firearm, rifle, or shotgun 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.

State Preemption

This subtitle supersedes any restriction that a local jurisdiction in the State imposes on a sale of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the sale of a regulated firearm. Md. Code, Pub. Safety § 5-104

Md. Code Ann., Pub. Safety § 5-101(r), Md. Code Ann., Pub. Safety § 5-124(a) & § 5-204.1

Maryland Straw Purchases

1. A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.
2. A person may not complete an application to purchase or transfer a regulated firearm with the intent to sell, rent, loan, or transfer that regulated firearm to another individual.
3. A person may not use another person to purchase or receive a regulated firearm.
4. A person may not transport a regulated firearm into the State with the intent to illegally sell, rent, or transfer the regulated firearm.
5. A dealer or person may not sell, rent, or transfer a regulated firearm to a person whom the dealer or person knows or has reasonable cause to believe is a participant in a straw purchase.
6. This regulation does not apply to a person purchasing a regulated firearm as a gift pursuant to Regulation .09 of this chapter.

Md. Code Regs. 29.03.01.08

Maryland Straw Purchase Exceptions

1. This section does not apply to a person who purchases a regulated firearm as a gift if:
   1. the regulated firearm is a gift to a resident of the State; and
   2. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or
   3. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.
2. If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:
   1. complete an application to purchase or transfer a regulated firearm; and
   2. forward the application to the Secretary within 5 days after receipt of the regulated firearm.
3. The Secretary shall waive the $10 application fee required under § 5-118(a) (2) of this subtitle for a gift purchased in accordance with this subsection.

Prohibited - A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

Section 5-141 - Knowing participation in straw purchase

1. A dealer or other person may not be a knowing participant in a straw purchase of a regulated firearm for a minor or for a person prohibited by law from possessing a regulated firearm.
2. 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.
3. Each violation of this section is a separate crime.

Md. Code, Pub. Safety § 5-136

Maryland law:

1. This section does not apply to:
   1. a .22 caliber rifle with a tubular magazine; or
   2. a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
2. 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.

Md. Code, Crim. Law § 4-305

Maryland law:Firearms are not permitted in the following locations.

1. On school property (CR 4-102)
2. Within 1,000 feet of a demonstration in a public place after a law enforcement officer advises that a demonstration is occurring at the public place and orders the person to leave the demonstration area until the person disposes of the firearm (CR 4-2​08)
3. In legislative buildings (SG 2-1702)
4. Aboard aircraft (TR 5-1008)
5. In lodging establishments where the innkeeper reasonably believes individuals possess property that may be dangerous to other individuals, such as firearms or explosives (BR 15-203)
6. On dredge boats, other than two 10 gauge shotguns (NR 4-1013)
7. In or around State-owned public buildings and grounds (COMAR 04.05.01.03)
8. On Chesapeake Forest Lands (except for hunting and target shooting as permitted) (COMAR 08.01.07.14)
9. In State Forests (except for hunting and target shooting as permitted) (COMAR 08.07.01.04)
10. In State Parks (except for hunting and target shooting as permitted) (COMAR 08.07.06.04)
11. In State Highway Rest Areas, firearms may not be displayed or discharged (COMAR 11.04.07.12)
12. In community adult rehabilitation centers (COMAR 12.02.03.10)
13. In child care centers, except for small centers located in residences, firearms may not be kept on the premises​ ​(CO​MAR 13A.16.10.04)​
14. In a government or public infrastructure area, meaning a location that is currently being used as a polling place or for canvassing ballots (Md. Code Ann., Crim. Law § 4-111)

Effective October 1, 2023, Senate Bill 1 adds the following areas where firearms are prohibited:

1. An area for children or vulnerable individuals.
   1. ​A preschool or prekindergarten facility or the grounds of the facility;
   2. A private primary or secondary school or the grounds of the school; or
   3. A health care facility, as defined in § 15–10B–01(g)(1), (2), (3), and (4) of the Insurance Article.
2. A government or public infrastructure area.
3. A special purpose area. (CR 4-111(E))
   1. ​"Special Purpose Area" means:
   2. A location licensed to sell or dispense alcohol or cannabis for on-site consumption;
   3. A stadium;
   4. A museum;
   5. A racetrack; or
   6. A video lottery facility, as defined in §​9-1A-01 of the State Government Article.
4. A person wearing, carrying, or transporting a firearm may not enter or trespass in the dwelling of another unless the owner or the owner's agent has given express permission, either to the person or to the public generally, to wear, carry, or transport a firearm inside the dwelling. (CR 6-411(C)
5. A person wearing, carrying, or transporting a firearm may not​:
   • Enter or trespass on property unless the owner or the owner's agent has posted a clear and conspicuous sign indicating that it is permissible to wear, carry, or transport a firearm on the property; or
   • Enter or trespass​ on property unless the owner or the owner's agent has given the person express permission to wear, carry, or transport a firearm​ on the property. (CR 6-411(D))​​​​​

For a location that is not owned by, leased by, or otherwise under the control of the state or a political subdivision of the state, the prohibitions listed above in items 1, 2 and 3 (effective October 1, 2023), do not apply to:

• The owner or lessee of the location; or
• ​A person who is authorized by the owner or lessee of the location to wear, carry, or transport a firearm at the location for the purpose of:
• ​Employment as a security guard licensed under Title 19 of the Business Occupations Article; or
• Protecting any individual or property at the location with an express agreement between the parties, remuneration, or compensation.​ (CR 4-111(B)(9))

​​The prohibitions listed above in items 1, 2 and 3 (effective October 1, 2023), do​ not apply to a firearm that is carried or transported in a motor vehicle if the firearm is:

• ​Locked in a container; or
• A handgun worn, carried, or transported 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 handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article​​ (CR 4-111(B)(11))​

Maryland Armed Trespass Law

• A person wearing, carrying, or transporting a firearm may not enter or trespass in the dwelling of another unless the owner or the owner's agent has given express permission, either to the person or to the public generally, to wear, carry, or transport a firearm inside the dwelling.
• A person wearing, carrying, or transporting a firearm may not:
  1. enter or trespass on property unless the owner or the owner's agent has posted a clear and conspicuous sign indicating that it is permissible to wear, carry, or transport a firearm on the property; or
  2. enter or trespass on property unless the owner or the owner's agent has given the person express permission to wear, carry, or transport a firearm on the property.
• A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Md. Crim. Law Code Ann. § 6-411(C),(D),&(E)

Maryland law:

1. A permit is valid for each handgun legally in the possession of the person to whom the permit is issued.
2. -
   1. Subject to subsection (c) of this section, a permit issued under this subtitle shall restrict the wearing, carrying, and transporting of a handgun by the person to whom the permit is issued to wearing, carrying, or transporting a handgun concealed from view:
      1. under or within an article of the person's clothing; or
      2. within an enclosed case.
3. The requirement in paragraph (1) of this subsection to keep a handgun concealed is not violated by:
   1. the momentary and inadvertent exposure of a handgun; or
   2. the momentary and inadvertent exposure of the imprint or outline of a handgun.

Md. Code, Pub. Safety § 5-307

Maryland law does not address no-guns signs.

Maryland law:

1. A person who holds a permit may not wear, carry, or transport a handgun while the person is under the influence of alcohol or drugs.
2. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Md. Code, Pub. Safety § 5-314

Maryland law:

This section does not prohibit the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article

Without a Permit: The following statute sets forth the only way to transport a handgun without a permit.

The carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

Md. Crim. Law Code Ann. § 4-203(b)(2) & (b)(3)

Maryland law:Effective October 1, 2023: Firearm Safety – Storage Requirements and Youth Suicide Prevention (Jaelynn’s Law)

Senate Bill 858

In this section, the following words have the meanings indicated.

• “Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.
• “Firearm” means a handgun, rifle, shotgun, short–barreled rifle, or short–barreled shotgun, as those terms are defined in § 4–201 of this title, or any other firearm.
• “Firearm” does not include an antique firearm as defined in §4–201 of this title.

This section does not apply if:

1. the minor’s access to a firearm is supervised by an individual at least 18 years old;
2. the minor’s access to a firearm was obtained as a result of an unlawful entry;
3. the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties
4. the minor has a certificate of firearm and hunter safety issued under § 10–301.1 of the Natural Resources Article

A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised minor has access to the firearm.

A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

Maryland Criminal law §4-104

Youth suicide prevention and firearm safe storage guide

On or before January 1, 2024, the Deputy Secretary for Public Health Services shall develop a youth suicide prevention and firearm safe storage guide.

The guide developed under subsection (b) of this section shall:

1. Provide a description of the firearm and ammunition requirements for safely storing firearms under State law;
2. Identify the risks associated with unsafe firearm storage for minors, including:
   1. Suicide;
   2. Death or serious bodily injury from accidental discharge; and
   3. Shooting incidents involving minors; and
3. Incorporate best practices for firearm and ammunition safe storage.

The Department shall:

1. Post the guide on its website;
2. Make an electronic version of the guide available to families, health and social services providers, and any other entities that have an interest in youth suicide prevention or firearms storage, including:
   1. Behavioral health programs;
   2. The Department of Juvenile Services;
   3. Firearms dealers licensed by the federal government;
   4. Local health departments;
   5. Local school systems;
   6. The Maryland Association of Nonpublic Special Education Facilities;
   7. The Maryland Association of Youth Service Bureaus;
   8. State and local law enforcement agencies;
   9. The State Department of Education; and
   10. Instructors who have been licensed or certified by the Department of State Police to teach firearm safety training courses; and
3. Provide grants to local school systems, local health departments, and nonprofit agencies to support the education of families on the safe storage practices recommended in the guide.

Md. Code Ann., Health-Gen. § 13-39A-01

Assault Weapons – Prohibited 

1. 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.
2. -
   1. A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before August 1, 1994, may:
      1. continue to possess and transport the assault pistol; or
      2. while carrying a court order requiring the surrender of the assault pistol, transport the assault pistol directly to a law enforcement unit, barracks, or station, a State or local law enforcement agency, or a federally licensed firearms dealer, as applicable, if the person has notified a law enforcement unit, barracks, or station that the person is transporting the assault pistol in accordance with a court order and the assault pistol is unloaded.
   2. A licensed firearms dealer may continue to possess, sell, offer for sale, or transfer an assault long gun or a copycat weapon that the licensed firearms dealer lawfully possessed on or before October 1, 2013.
3. A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may:
   1. possess and transport the assault long gun or copycat weapon; or
   2. while carrying a court order requiring the surrender of the assault long gun or copycat weapon, transport the assault long gun or copycat weapon directly to a law enforcement unit, barracks, or station, a State or local law enforcement agency, or a federally licensed firearms dealer, as applicable, if the person has notified a law enforcement unit, barracks, or station that the person is transporting the assault long gun or copycat weapon in accordance with a court order and the assault long gun or copycat weapon is unloaded.
4. A person may transport an assault weapon to or from:
   1. an ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory; or
   2. a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
5. A federally licensed firearms dealer may receive and possess an assault weapon received from a person in accordance with a court order to transfer firearms under § 6-234 of the Criminal Procedure Article.

Md. Code, Crim. Law § 4-303

Registration of Machine Guns

1. A person who acquires a machine gun shall register the machine gun with the Secretary of State Police:
   1. within 24 hours after acquiring the machine gun; and
   2. in each succeeding year during the month of May.
2. The Secretary of State Police shall prepare and, on request of an applicant, furnish an application form for registration under this subsection.
3. An application for registration shall contain:
   1. the make, model, serial number, caliber, type, barrel length, finish, and country of origin of the machine gun;
   2. the name, address, race, gender, date of birth, Maryland driver’s license number, and occupation of the person in possession of the machine gun; and
   3. the name of the person from whom the machine gun was acquired and the purpose for acquiring the machine gun.
4. Each application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable registration fee of $10.
5. Registration data provided under this section is not open to public inspection.

Md. Code, Crim. Law § 4-403(c)

Short-Barreled Rifles or Shotguns

1. A person may not possess a short-barreled rifle or short-barreled shotgun unless:
   1. the person, while on official business is:
      1. a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State;
      2. a member of the armed forces of the United States or the National Guard while on duty or traveling to or from duty;
      3. a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State;
      4. a warden or correctional officer of a correctional facility in the State; or
      5. a sheriff or a temporary or full-time deputy sheriff; or
   2. the short-barreled shotgun or short-barreled rifle has been registered with the federal government in accordance with federal law.
2. In a prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle.
3. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Md. Code, Pub. Safety § 5-203

Maryland Law: 

A person to whom a permit is issued or renewed shall carry the permit in the person's possession whenever the person carries, wears, or transports a handgun.

MD PUBLIC SAFETY § 5-308

Interim Extreme Risk Protection Order

Prohibiting possession of a firearm; emergency mental health evaluation

1. -
   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 petitioner, or another by possessing a firearm.
   2. In determining whether to enter an interim extreme risk protective order under this section, the commissioner shall consider:
      1. all relevant evidence presented by the petitioner; and
      2. the amount of time that has elapsed since any of the events described in the petition.
   3. The interim extreme risk protective order shall:
      1. order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and
      2. prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim extreme risk protective order.

Md. Code, Pub. Safety § 5-603

Temporary Extreme Risk Protection Order

Prohibiting possession of a firearm, emergency mental health evaluation

1. -
   1. After a hearing on a petition, whether ex parte or otherwise, a judge may enter a temporary extreme risk protective order to prohibit the respondent from possessing a firearm if the judge 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 petitioner, or another by possessing a firearm.
   2. In determining whether to enter a temporary extreme risk protective order under this section, the judge shall consider:
      1. all relevant evidence presented by the petitioner; and
      2. the amount of time that has elapsed since any of the events described in the petition.
   3. The temporary extreme risk protective order shall:
      1. order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and
      2. prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the temporary extreme risk protective order.

Md. Code, Pub. Safety § 5-604

Final Extreme Risk Protection Order

The judge may enter a final extreme risk protective order to prohibit the respondent from possessing a firearm if the judge finds by clear and convincing evidence that the respondent poses a danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm. The final extreme risk protective order shall:

1. order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and
2. prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim extreme risk protective order.

Md. Code, Pub. Safety § 5-605

Maryland law:

For deadly force to be justified in Maryland:

1. The accused must have had reasonable grounds to believe himself in apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant;
2. The accused must have in fact believed himself in this danger;
3. The accused claiming the right of self defense must not have been the aggressor or provoked the conflict;
4. The force used must have not been unreasonable and excessive, that is, the force must not have been more force than the exigency demanded.

State v. Faulkner, 301 Md. 482, 485, 483 A.2d 759, 761 (1984)

Jury instructions:

Self-defense is a defense, and the defendant must be found not guilty if all of the following four factors are present:

1. The defendant was not the aggressor (or, although the defendant was the initial aggressor, he/she did not raise the fight to the deadly force level).
2. The defendant actually believed that (he/she) were in immediate and imminent danger of bodily harm.
3. The defendant's belief was reasonable.
4. The defendant used no more force than was reasonably necessary to defend (him/her self) in light of the threatened or actual harm.

MPJI-Cr 5:07

Maryland law:

Jury instructions:

Defense of others is a defense, and the defendant must be found not guilty if all of the following four factors are present:

1. The defendant actually believed that the person defended was in immediate and imminent danger of bodily harm.
2. The defendant's belief was reasonable.
3. The defendant used no more force than was reasonably necessary to defend the person defended in light of the threatened or actual force.
4. The defendant's purpose in using force was to aid the person defended.

MPJI-Cr 5:01

Maryland law:Court of Appeals said in Crawford, a case in which the defendant fatally shot a younger man who was attempting to break into his home to beat and rob him:

• A man is not bound to retreat from his house. He may stand his ground there and kill an[y] person who attempts to commit a felony therein, or who attempts to enter by force for the purpose of committing a felony, or of inflicting great bodily harm upon an inmate. In such a case the owner or any member of the family, or even a lodger in the house, may meet the intruder at the threshold, and prevent him from entering by any means rendered necessary by the exigency, even to the taking of his life, and the homicide will be justifiable.

This principle is known as the "Castle Doctrine", the name being derived from the view that "'a man's home is his castle' and his ultimate retreat." Barton v. State, 46 Md. App. 616, 618, 420 A.2d 1009, 1010-1011 (1980). A man "is not bound to flee and become a fugitive from his own home, for, if that were required, there would, theoretically, be no refuge for him anywhere in the world.".

A person does not have to be the owner of the home or the head of the household in order to be able to invoke the "Castle Doctrine." Instead, "any member of the household, whether or not he or she has a proprietary or leasehold interest in the property, is within its ambit. ... ".

However, even in one's own home, the degree of force used in self-defense must not be "excessive." Crawford v. State, supra, 231 Md. at 362, 190 A.2d at 542. Quoting a treatise on criminal law, the Court of Appeals said in Crawford:

• It is a justifiable homicide to kill to prevent the commission of a felony by force or surprise.
• The crimes in prevention of which life may be taken are such and only such as are committed by forcible means, violence, and surprise, such as murder, robbery, burglary, rape, or arson.
• It is also essential that killing is necessary to prevent the commission of the felony in question. If other methods could prevent its commission, a homicide is not justified; all other means of preventing the crime must first be exhausted.

Jury instructions:Defense of one's home is a defense, and the defendant must be found not guilty if all of the following five factors are present:

1. (Suspect) entered (or attempted to enter) the defendant's home.
2. The defendant actually believed that (suspect) intended to commit a crime that would involve an imminent threat of death or serious bodily harm.
3. The defendant reasonably believed that (suspect) intended to commit such a crime;
4. The defendant believed that the force that (he/she) used against (suspect) was necessary to prevent imminent death or serious bodily harm.
5. The defendant reasonably believed that such force was necessary.

MPJI-Cr 5:02

Maryland law:

Jury instructions:

Defense of property is a defense, and the defendant must be found not guilty if all of the following three factors are present:

1. The defendant actually believed that (suspect) was unlawfully interfering <was just about to unlawfully interfere> with property.
2. The defendant's belief was reasonable.
3. The defendant used no more force than was reasonably necessary to defend against the victim's interference with the property.

A person may not use deadly force to defend his/her property. Deadly force is that amount of force reasonably calculated to cause death or serious bodily harm.

MPJI-Cr 5:02.1

Maryland law:

The law of self-defense justifies an act done in the reasonable belief of immediate danger. If an injury was done by a defendant in justifiable self-defense, he can neither be punished criminally nor held responsible for damages in a civil action. ... One who seeks to justify an assault on the ground that he acted in self-defense must show that he used no more force than the exigency reasonably demanded. The belief of a defendant in an action for assault that the plaintiff intended to do him bodily harm cannot support a plea of self-defense unless it was such a belief as a person of average prudence would entertain under similar circumstances. The jury should accordingly be instructed that to justify assault and battery in self-defense the circumstances must be such as would have induced a reasonable man of average prudence to make such an assault in order to protect himself. The question whether the belief of the defendant that he was about to be injured was a reasonable one under all the circumstances is a question for the consideration of the jury.

Baltimore Transit Co. v. Faulkner, 179 Md. 598, 20 A.2d 485 (1941)

1. In this section, “person” does not include a governmental entity.
2. 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:
   1. The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and
   2. The amount and nature of the force used by the person is reasonable under the circumstances.
3. Subsection (b) of this section does not apply to a person who is convicted of a crime of violence under § 14-101 of the Criminal Law Article, assault in the second degree, or reckless endangerment arising out of the circumstances described in subsection (b) of this section.
4. The court may award costs and reasonable attorney’s fees to a defendant who prevails in a defense under this section.
5. This section does not limit or abrogate any immunity from civil liability or defense available to a person under any other provision of the Code or at common law.

Courts and Judicial Proceedings Article, Section 5-808

Maryland law:

In Maryland, outside of one's home, before using deadly force in self-defense, a person has the duty "'to retreat or avoid danger if such means were within his power and consistent with his safety.” DeVaughn v. State, 232 Md. 447, 453, 194 A.2d 109, 112 (1963)

But a person does not have to retreat if it would not be safe for the person to do so. "[I]f the peril of the defendant was imminent, he did not have to retreat but had a right to stand his ground and to defend and protect himself."  Bruce v. State, supra, 218 Md. at 97, 145 A.2d at 433.

The duty to retreat also does not apply if one is attacked in one's own home. "[A] man faced with the danger of an attack upon his dwelling need not retreat from his home to escape the danger, but instead may stand his ground and, if necessary to repel the attack, may kill the attacker."  In a case in which the defendant fatally shot a younger man who was attempting to break into his home to beat and rob him, the court said:

• A man is not bound to retreat from his house. He may stand his ground there and kill an[y] person who attempts to commit a felony therein, or who attempts to enter by force for the purpose of committing a felony, or of inflicting great bodily harm upon an inmate. In such a case the owner or any member of the family, or even a lodger in the house, may meet the intruder at the threshold, and prevent him from entering by any means rendered necessary by the exigency, even to the taking of his life, and the homicide will be justifiable. Crawford v. State, 231 Md. 354, 361, 190 A.2d 538, 541 (1963).

Regulated Firearms Defined

"Regulated firearm" means:

1. a handgun; or
2. a firearm that is any of the specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon, listed in Md. Code, Pub. Safety § 5-101

Md. Code, Pub. Safety § 5-101

Carrying While Bow Hunting

In this section, “handgun” means a firearm:

1. With a barrel length not exceeding 6 inches; and
2. That does not have a scope or an electronic device attached.

The Department may not prohibit a licensed bow hunter from openly carrying a handgun that the hunter is otherwise authorized to carry under § 4-203 of the Criminal Law Article if the bow hunter:

1. Is at least 21 years old;
2. Is hunting in deer management Region A as defined by the Department's Guide to Hunting and Trapping;
3. Is carrying the handgun for personal protection; and
4. Does not use the handgun to kill wildlife wounded by a vertical bow or crossbow.

Md. Code Ann., Nat. Res. § 10-408

Maryland Prohibited Persons

Regulated Firearms

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. suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and has a history of violent behavior against the person or another;
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 Health – General Article;
10. has been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article;
11. is under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability;
12. except as provided in subsection (e) of this section, is a respondent against whom:
    1. a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or
    2. an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or
13. if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.

Md. Code, Pub. Safety § 5-133

Rifle or Shotgun

A person may not possess a rifle or shotgun if the person:

1. has been convicted of a disqualifying crime as defined in § 5-101 of this title;
2. has been convicted of a violation classified as a crime under common law and received a term of imprisonment of more than 2 years;
3. is a fugitive from justice;
4. is a habitual drunkard as defined in § 5-101 of this title;
5. is addicted to a controlled dangerous substance or is a habitual user as defined in § 5-101 of this title;
6. suffers from a mental disorder as defined in § 10-101(i)(2) of the Health--General Article and has a history of violent behavior against the person or another;
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 Health--General Article;
10. has been involuntarily committed to a facility as defined in § 10-101 of the Health--General Article;
11. is under the protection of a guardian appointed by a court under § 13-201(c) or § 13-705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability;
12. except as provided in subsection (c) of this section, is a respondent against whom:
    1. a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; or
    2. an order for protection, as defined in § 4-508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or
13. if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.

Md. Code, Pub. Safety § 5-205

Disqualifying Crime

“Disqualifying crime” means:

1. a crime of violence;
2. a violation classified as a felony in the State; or
3. a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.

“Convicted of a disqualifying crime” includes (unless an expungement has been granted):

1. a case in which a person received probation before judgment for a crime of violence (except for Second Degree Assault, unless the Second-Degree Assault was a “Domestically related crime” -- “Domestically related crime” means a crime where the trial court has made a finding that the crime was a “Domestically related crime” under §6-233 of the Criminal Procedure Article.); and
2. a case in which a person received probation before judgment in a “Domestically related crime.”

Md. Code, Pub. Safety § 5-101

Maryland Family Law

Article - Family Law §4–505

If, after a hearing on a petition, whether ex parte or otherwise, a judge finds that there are reasonable grounds to believe that a person eligible for relief has been abused, the judge may enter a temporary protective order to protect any person eligible for relief from abuse.

The temporary protective order may order any or all of the following relief:

• order the respondent to surrender to law enforcement authorities any firearm in the respondent's possession, and to refrain from possession of any firearm, for the duration of the temporary protective order if the abuse consisted of:
  1. the use of a firearm by the respondent against a person eligible for relief;
  2. a threat by the respondent to use a firearm against a person eligible for relief;
  3. serious bodily harm to a person eligible for relief caused by the respondent; or
  4. a threat by the respondent to cause serious bodily harm to a person eligible for relief

Article - Family Law §4–506

The final protective order shall order the respondent to surrender to law enforcement authorities any firearm in the respondent’s possession, and to refrain from possession of any firearm, for the duration of the protective order.

Article - Family Law §4–508.1

1. In this section, “order for protection” means a temporary or final order or injunction that:
   1. is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person;
   2. is issued by a civil court in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection or by a criminal court; and
   3. is obtained by filing an independent action or as a pendente lite order in another proceeding.
2. “Order for protection” does not include a support or child custody order.

Md. Code, Fam. Law § 4-505, § 4-506, and § 4-508.1

After Becoming a Prohibited Person

1. -
   1. Except as provided in subsection (b) of this section, a person may not:
      1. wear, carry, or transport a handgun, whether concealed or open, on or about the person;
      2. wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
      3. violate item (i) or (ii) of this paragraph while on public school property in the State;
      4. violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person; or
      5. violate item (i) or (ii) of this paragraph with a handgun loaded with ammunition.
2. This section does not prohibit:
   1. the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:
      1. the handgun is unloaded;
      2. the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and
      3. the person transports the handgun directly to the law enforcement unit, barracks, or station.

Md. Code, Crim. Law § 4-203

1. A respondent who does not wish to recover a firearm or ammunition seized or surrendered in accordance with an extreme risk protective order, or who is prohibited from possessing firearms or ammunition under this title, may:
   1. sell or transfer title to the firearm or ammunition to:
      1. a licensed firearms dealer; or
      2. another person who is not prohibited from possessing the firearm or ammunition under State or federal law and who does not live in the same residence as the respondent; or
         1. request the destruction of the firearm or ammunition.
2. A law enforcement agency shall transfer possession of a firearm or ammunition to a licensed firearms dealer or a person described in paragraph (1)(i)2 of this subsection only after:
   1. the licensed firearms dealer or other person provides written proof that the respondent has agreed to transfer the firearm or ammunition to the dealer or person; and
   2. the law enforcement agency verifies the agreement with the respondent.
3. On request of the respondent, a law enforcement agency may destroy firearms or ammunition seized or surrendered in accordance with an extreme risk protective order.

Md. Code, Pub. Safety § 5-608

Lost or Stolen Firearms

1. A dealer or any other person who sells or transfers a regulated firearm shall notify the purchaser or recipient of the regulated firearm at the time of purchase or transfer that the purchaser or recipient is required to report a lost or stolen regulated firearm to the local law enforcement agency as required under subsection (b) of this section.
2. If a regulated firearm is lost or stolen, the owner of the regulated firearm shall report the loss or theft to the local law enforcement agency within 72 hours after the owner first discovers the loss or theft.
3. On receipt of a report of a lost or stolen regulated firearm, a local law enforcement agency shall report to the Secretary and enter into the National Crime Information Center (NCIC) database, to the extent known, the caliber, make, model, manufacturer, and serial number of the regulated firearm and any other distinguishing number or identification mark on the regulated firearm.
4. -
   1. A knowing and willful first-time violation of this section is a civil offense punishable by a fine not exceeding $500.
   2. A person who knowingly and willfully violates this section for a second or subsequent time is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
5. The imposition of a civil or criminal penalty under this section does not preclude the pursuit of any other civil remedy or criminal prosecution authorized by law.

Md. Code, Pub. Safety § 5-146