Maryland Gun Laws: The 2026 Plain-English Guide
Maryland has some of the strictest gun laws in the country, and they trip up lawful gun owners constantly. A handgun that is perfectly legal in Virginia or Pennsylvania becomes a criminal charge the moment it crosses the state line the wrong way. This guide explains the current rules: who can buy, who can carry, how you can transport, who cannot possess a firearm at all, and what each violation costs. It is written by the criminal defense attorneys at FrizWoods who defend these charges in courtrooms across the state.
Already charged? Go straight to our Maryland gun charge defense hub.
Buying a Handgun: The HQL Requirement
Under Public Safety Article Section 5-117.1, you cannot buy, rent, or receive a handgun in Maryland without a Handgun Qualification License (HQL) issued by the Secretary of State Police. A dealer cannot lawfully sell you a handgun without seeing it. The exceptions are narrow: active and retired law enforcement, active and retired members of the armed forces or National Guard with valid ID, licensed manufacturers, and antique, curio, or relic firearms as defined by federal law.
Handguns are "regulated firearms" in Maryland, which means the purchase also runs through the State Police application process. Long guns like most rifles and shotguns face fewer purchase hurdles.
Carrying a Handgun: Permit or Crime
Maryland is a permit state. Public Safety Article Title 5, Subtitle 3 controls wear and carry permits, and carrying without one is a crime under Criminal Law Section 4-203, the "wear, carry, transport" statute. Section 4-203 makes it a misdemeanor to:
- wear, carry, or transport a handgun on or about your person, concealed or open; or
- knowingly transport a handgun in a vehicle on public roads, parking lots, highways, waterways, or airways.
The statute presumes you transported a handgun in your vehicle knowingly, and it adds enhanced versions for doing either on public school property, with a loaded handgun, or with the deliberate purpose of injuring or killing another person.
Penalties for carrying without a permit
| Violation | Penalty |
|---|---|
| First offense (Section 4-203(c)(2)) | 30 days to 5 years, $250 to $2,500 fine, or both. The 30 days is a mandatory minimum |
| First offense on public school property | Minimum 90 days |
| Second offense | 1 year to 10 years, with higher minimums for school property |
Full breakdown, defenses, and strategy on our wear, carry, transport handgun page.
Transporting a Gun Legally in Maryland
Section 4-203(b) lists the exceptions that let ordinary gun owners move a handgun without a permit. The pattern in every one: unloaded, in an enclosed case or enclosed holster, traveling directly between places the statute names:
- To or from the place of legal purchase or sale
- To or from a bona fide repair shop
- Between your bona fide residences
- Between your residence and your business, if you substantially own and operate that business
- To or from organized military activity, target practice, sport shooting events, hunting, trapping, DNR-sponsored safety classes, or dog obedience training
- Moving a bona fide gun collection for exhibition
You may also keep a handgun on real estate you own or lease, where you reside, or within a business establishment you own or lease. Detours turn a legal transport into a criminal charge, and police read these exceptions narrowly during a stop. Our gun in my car guide covers what happens at a traffic stop, and the handgun in a vehicle page covers vehicle cases in depth.
Who Cannot Possess a Gun in Maryland
Public Safety Article Section 5-133(b) lists who may not possess a regulated firearm at all:
- Anyone convicted of a disqualifying crime, or a common law crime with a sentence over 2 years
- Anyone on supervised probation for a crime punishable by 1 year or more, for DWI under Transportation Section 21-902(b) or (c), or for violating a protective order. A probation before judgment, by itself, does not disqualify you under this subsection
- Fugitives from justice
- Habitual drunkards, and anyone addicted to or a habitual user of controlled dangerous substances
- People with certain mental health histories: a mental disorder with a history of violent behavior, findings of incompetency or not criminally responsible, voluntary admission over 30 consecutive days, or involuntary commitment
- Respondents under a current non ex parte civil protective order (or an out-of-state equivalent)
- Anyone under 21, for regulated firearms, with narrow supervised exceptions
- Anyone under 30 who was adjudicated delinquent as a juvenile for what would be a disqualifying crime
Felon in possession: the mandatory minimum
Section 5-133(c) is the charge that changes lives. Possession of a regulated firearm after a conviction for a crime of violence or a listed drug felony is a felony carrying 5 to 15 years, and the 5-year minimum cannot be suspended and carries no parole. If more than 5 years have passed since the person completed the prior sentence (including probation and parole), the minimum becomes discretionary, and the State must give 30 days' written notice to seek it. Each firearm is a separate crime. See our felon in possession of a firearm page.
Banned Guns and Accessories
- Assault weapons. Criminal Law Section 4-303 bans transporting an assault weapon into the State and possessing, selling, transferring, purchasing, or receiving one. Assault pistols lawfully owned before June 1, 1994 and registered before August 1, 1994 are grandfathered.
- High-capacity magazines. Section 4-305 prohibits manufacturing, selling, offering, purchasing, receiving, or transferring a detachable magazine over 10 rounds. Note what the statute does not say: it does not criminalize bare possession of one you already own, a distinction that matters in real cases.
- Rapid fire activators. Section 4-305.1 bans transporting, manufacturing, possessing, selling, or receiving rapid fire trigger activators.
- Ghost guns. Unserialized, privately made firearms carry their own penalties under Public Safety Section 5-703. Our ghost gun charges page covers the current rules.
Common Maryland Gun Charges at a Glance
| Charge | Statute | Classification | Maximum |
|---|---|---|---|
| Wear, carry, transport without permit | CR Section 4-203 | Misdemeanor | 5 years first offense (30-day minimum) |
| Possession by prohibited person | PS Section 5-133(b) | Misdemeanor | Varies by disqualifier |
| Possession after crime of violence or drug felony | PS Section 5-133(c) | Felony | 5 to 15 years, 5-year mandatory minimum |
| Assault weapon possession or transport | CR Section 4-303 | Misdemeanor | 3 years |
| Firearm in a crime of violence | CR Section 4-204 | Separate charge | See our firearm use page |
Frequently Asked Questions About Maryland Gun Laws
Can I carry a gun in Maryland without a permit?
No. Carrying a handgun on your person or in your vehicle without a Maryland wear and carry permit is a crime under Criminal Law Section 4-203, with a 30-day mandatory minimum on a first conviction. The transport exceptions require the handgun to be unloaded and in an enclosed case, moving directly between specific places like your home, a repair shop, or the range.
Is Maryland an open carry state?
Only with a permit. Section 4-203 prohibits wearing or carrying a handgun "concealed or open" without one, so open carry without a permit is charged the same way concealed carry is.
Can I have a loaded gun in my car in Maryland?
Not without a carry permit. Transporting a loaded handgun is a separately enhanced violation of Section 4-203, and the statute presumes vehicle transport was done knowingly. Lawful transport means unloaded, in an enclosed case or holster, directly between statutory destinations.
Can a felon ever own a gun in Maryland?
A conviction for a disqualifying crime bars possession of a regulated firearm under Public Safety Section 5-133. After a crime of violence or listed drug felony, possession is a felony with a 5-year mandatory minimum. The path back, if one exists, runs through pardons or relief mechanisms, and it is narrow. Talk to a lawyer before touching a firearm.
Do I need a license to buy a handgun in Maryland?
Yes. Public Safety Section 5-117.1 requires a Handgun Qualification License before you can purchase, rent, or receive a handgun, unless you fall into a narrow exception like law enforcement, military, or antique and relic collectors.
Are magazines over 10 rounds illegal in Maryland?
Selling, buying, manufacturing, receiving, or transferring a detachable magazine over 10 rounds is illegal under Criminal Law Section 4-305. The statute does not prohibit simple possession, but using one can complicate any gun case you pick up.
Every Maryland Gun Charge, Mapped
Each charge this page mentions has a full defense guide:
- Wear, carry, or transport a handgun (CR 4-203) and handgun in a vehicle
- Felon in possession (PS 5-133)
- Illegal possession and illegal ammunition
- Minor in possession and first gun charge
- Use of a firearm in a crime of violence (CR 4-204)
- Ghost gun charges and straw purchases
- Non-firearm weapons charges (CR 4-101)
- The defense hubs: Maryland gun lawyer and gun charges overview
Charged Under Maryland's Gun Laws? Talk to Us First
These laws leave little room for honest mistakes, but the charges they produce are defensible: suppression of the stop and search, the transport exceptions, and proof problems on knowledge and possession win gun cases every week. Max Frizalone and Luke Woods have earned not guilty verdicts on felony gun charges across Maryland.
Start with our first gun charge guide if this is your first arrest, then contact us for a free consultation, 24/7. If you are under 21, see minor in possession of a firearm.