Maryland Weapons Law Overview
Maryland's weapons laws are primarily codified in Criminal Law Article Title 4. They regulate the possession, carrying, transfer, and use of firearms and other dangerous weapons. Maryland requires a Handgun Qualification License (HQL) to purchase a handgun, regulates assault weapons and high-capacity magazines, and imposes strict rules on who may possess a firearm.
Common Weapons Charges in Maryland
| Charge | Statute | Classification | Max Penalty |
|---|---|---|---|
| Wearing/Carrying Handgun (concealed) | CL §4-203 | Misdemeanor | 30 days–5 years / $250–$2,500 (first offense); 1–10 years (one prior); 3–10 years (two or more priors). Loaded handgun: mandatory minimum, no suspension, no parole. |
| Possession of Firearm by Prohibited Person (prior violent crime or drug felony) | PS §5-133(c) | Felony | Mandatory minimum 5 years — maximum 15 years. Court cannot suspend mandatory minimum. No parole during mandatory minimum period. |
| Use of Firearm in Crime of Violence | CL §4-204 | Misdemeanor | 5-year mandatory minimum — 20-year maximum (in addition to underlying sentence). No parole under 5 years. Each subsequent violation: consecutive, not concurrent. |
| Possession/Transfer of Assault Weapon | CL §§4-303, 4-306 | Misdemeanor | Up to 3 years / $5,000 (possession or transfer). Use of assault weapon in a felony or crime of violence: mandatory minimum 5 years — 20-year maximum, in addition to underlying sentence; no suspension; no parole under 5 years. |
| Illegal Sale or Transfer of Firearm | CL §5-144 | Felony | Up to 5 years |
| Possession of Dangerous Weapon (non-firearm) | CL §4-101 | Misdemeanor | Up to 3 years / $1,000 |
Who Is Prohibited from Possessing Firearms in Maryland
Under both Maryland and federal law, the following persons are generally prohibited from possessing firearms:
- Persons convicted of a felony or a disqualifying crime (including certain misdemeanors punishable by more than two years)
- Persons convicted of certain domestic violence offenses or subject to certain protective orders
- Persons who have been involuntarily committed for mental health treatment
- Persons who are unlawful users of or addicted to controlled dangerous substances
- Persons who have been adjudicated as a mental defective
- Persons who are fugitives from justice
- Persons who are illegal aliens under federal law
Constitutional Dimensions of Weapons Defense
The Second Amendment right to bear arms is a live constitutional issue in weapons prosecutions. Following the Supreme Court's decisions in Heller, McDonald, and Bruen, courts apply heightened scrutiny to firearms regulations. The constitutionality of specific Maryland weapons restrictions and prohibitions is an evolving area of law that an experienced attorney actively monitors and applies to pending cases.
Fourth Amendment search and seizure issues are also frequently central to weapons cases — particularly where the firearm was discovered during a traffic stop, a stop-and-frisk, or a warrantless entry. Suppression of unlawfully obtained firearms can be dispositive in these cases.