Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Maryland is a may-issue state for handgun permits (commonly referred to as "Wear and Carry" permits), administered by the Maryland State Police (MSP) Licensing Division. The legal framework is governed primarily by the Maryland Public Safety Article, Title 5 and the Maryland Criminal Law Article, Title 4.
Maryland issues a Wear and Carry Permit (also referred to as a Handgun Permit), which authorizes the holder to wear, carry, or transport a handgun. The permit is issued by the Secretary of the Maryland State Police.
Maryland does not recognize concealed carry permits or CCWs from any other state. Visitors from other states with valid permits from their home state may not legally carry concealed in Maryland based on those permits.
As of October 1, 2019, all Wear and Carry Permit applications — including original, renewal, subsequent, modification, and replacement requests — must be submitted and processed electronically through the MSP Licensing Portal (licensingportal.mdsp.maryland.gov). Handwritten applications are not accepted.
The application process includes:
Separate from the Wear and Carry Permit, Maryland requires a Handgun Qualification License (HQL) to purchase, rent, or transfer a handgun (not classified as a curio and relic). The HQL is not required to fire at a gun range. The HQL system was established under the Firearms Safety Act of 2013, effective October 1, 2013.
Per Maryland Annotated Code, Criminal Law, Title 4, Section 203, when transporting a handgun (without a Wear and Carry Permit):
Under Title 18, Section 926A of the United States Code, a person not prohibited from possessing firearms may transport a firearm through Maryland provided:
Under Maryland Annotated Code, Criminal Law, Article 4, Section 104, it is unlawful to store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child (defined as an individual under 16 years of age) would gain access to the firearm.
Maryland maintains both state and federal prohibitors for firearm possession. Key state definitions include:
The Firearms Safety Act of 2013 banned certain assault weapons effective October 1, 2013. Firearms lawfully owned prior to that date are not required to be registered. Magazines are not required to be registered.
Maryland issues the Wear and Carry Permit (commonly called a concealed carry permit), administered by the Maryland State Police (MSP) Licensing Division. The permit is governed primarily by MD Code, Public Safety Title 5, Subtitle 3 (§§ 5-301 through 5-314).
Following the U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen (2022), Maryland transitioned from a may-issue to a shall-issue state. The previous requirement to demonstrate a "good and substantial reason" for carrying was struck down, and Maryland's permitting framework was updated by the Firearms Safety Act of 2023 (SB 1), which took effect October 1, 2023.
Maryland's concealed carry authorization is officially called the Wear and Carry Permit, issued by the Secretary of State Police under MD Public Safety § 5-306. Under MD Criminal Law § 4-203, it is generally illegal to carry, wear, or transport a handgun in Maryland without authorization. An individual issued a Maryland Wear and Carry Permit is one of the statutory exceptions to this prohibition.
A violation of MD Criminal Law § 4-203 (wearing, carrying, or transporting a handgun without authorization) is a misdemeanor carrying penalties of up to 2 to 10 years of imprisonment depending on the circumstances and prior offenses.
Under MD Public Safety § 5-306, applicants must meet the following qualifications:
Wear and Carry Permits are valid for a period of 2 to 3 years from the date of issuance, depending on the type. Renewal applications must be submitted prior to expiration and require updated training certification and a new background check.
Under MD Public Safety § 5-308, a permit holder must carry the permit on their person whenever they carry, wear, or transport a handgun:
"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."
Failure to have the permit in possession while armed may result in a violation.
The Firearms Safety Act of 2023 established a list of sensitive places where carrying is prohibited even with a valid Wear and Carry Permit, including:
Note: Several sensitive-location provisions have been subject to legal challenges since enactment. Permit holders should consult the MSP website or legal counsel for the current status of enforcement.
Under the 2023 law, carrying is prohibited on private property unless the property owner has given express permission to carry. The default is no carry on another person's private property absent affirmative consent.
Before purchasing, renting, or receiving a handgun in Maryland, most individuals must obtain a Handgun Qualification License (HQL) under MD Public Safety § 5-117.1. Per the statute:
"A person may purchase, rent, or receive a handgun only if the person possesses a valid handgun qualification license issued to the person by the Secretary."
The Secretary shall issue an HQL to a person who:
The following individuals are exempt from the HQL requirement (§ 5-117.1):
Under MD Public Safety § 5-306, the Secretary may issue an HQL without an additional application or fee to a person who:
A background check is required for every regulated firearm transaction, even if the buyer recently passed one. According to MSP, each check verifies that since the last purchase the applicant has not:
This applies regardless of how recently the individual was confirmed eligible.
Under MD Public Safety § 5-123, there is a mandatory 7-day waiting period for regulated firearm purchases. A licensed dealer may not sell, rent, or transfer a regulated firearm until after 7 days following the execution of the firearm application by the applicant.
The following individuals are authorized to carry a firearm without a Wear and Carry Permit:
The Maryland State Police issues LEOSA identification cards to qualified individuals separating from the Maryland Department of State Police. This includes Maryland State Troopers and Maryland Deputy State Fire Marshals only. This identification card authorizes separated law enforcement officers to carry a handgun under the federal LEOSA provisions (18 U.S.C. §§ 926B–926C).
Note: LEOSA cards are issued only to individuals separating from the Maryland Department of State Police, not to officers from local agencies. Officers from other Maryland agencies should contact their respective departments for LEOSA qualification.
Under Maryland Business Regulation § 2.5-101 and amendments effective October 1, 2019 (Veterans Full Employment Act of 2013), Maryland provides expedited occupational and professional licensing for veterans, active service members, and their spouses. Qualifying applicants who hold a valid license in another state may receive expedited processing, with licenses issued within 60 days of a completed application.
| Category | Description | Key Documentation |
|---|---|---|
| Veteran | Any former service member discharged under circumstances other than dishonorable, regardless of how much time has passed since discharge | DD Form 214 + Proof of Residence |
| Active Service Member | Member of the U.S. armed forces assigned to a duty station in Maryland (includes active duty reservists and National Guard) | Military Orders + Proof of Residence |
| Military Spouse | Spouse of a service member or veteran assigned to a Maryland duty station | Marriage Certificate + relevant military documentation + Proof of Residence |
| Surviving Military Spouse | Surviving spouse of a deceased service member, regardless of when the service member died | Marriage Certificate + Death Certificate + DD Form 214 + Proof of Residence |
Important: This expedited licensing provision applies to occupational and professional licenses administered by the Maryland Department of Labor's Division of Occupational and Professional Licensing. For firearms-specific licensing (Wear and Carry Permit, HQL), contact the Maryland State Police Licensing Division directly. The expedited processing rules under § 2.5-101 do not directly govern MSP firearms permit timelines.
Disclaimer: This content is compiled from official Maryland State Police, Maryland Department of Labor, and Maryland General Assembly sources for informational purposes. Firearms laws are subject to change — particularly given ongoing litigation over provisions of the Firearms Safety Act of 2023. Applicants should consult the Maryland State Police website and applicable Maryland statutes for the most current requirements. Specific details on application fees, training hour requirements, and processing times should be obtained directly from MSP.
View this topic on its own page: Permit Basics
Maryland is a restrictive state regarding open carry of firearms. Under Maryland law, the wearing, carrying, or transporting of a handgun — whether openly or concealed — is generally prohibited without a valid Maryland Wear and Carry Permit.
Maryland Criminal Law, Title 4, Section 203 governs the wearing, carrying, or transporting of a handgun. The Maryland State Police FAQ directs individuals to "Maryland Annotated Code, Criminal Law, Title 4, Section 203 for a detailed account of wearing, carrying, or transporting a handgun."
Under this statute, it is generally unlawful to wear, carry, or transport a handgun — whether openly or concealed — on or about the person, unless the individual falls within specific statutory exceptions.
Maryland requires a Wear and Carry Permit for both open and concealed carry of handguns. There is no separate open carry allowance without a permit. The same permit covers both open and concealed carry.
Maryland does not recognize permits or CCWs from any other state. According to the Maryland State Police FAQ: "Maryland does not recognize permits/CCWs from any other state."
Without a Wear and Carry Permit, handguns may only be transported under very limited circumstances and with strict conditions:
If a Wear and Carry Permit expires before the renewed permit card is received, the permit holder may still carry on the expired permit provided:
Replacement requests for Wear and Carry cards must be submitted through the online portal account with:
Under 18 U.S.C. § 926A, a person not prohibited from possessing firearms may transport a firearm through Maryland if:
View this topic on its own page: Open Carry Laws
Maryland does not have constitutional carry. A permit is required to carry a concealed handgun in the state.
Maryland requires a Wear and Carry Permit (also referred to as a Handgun Permit) issued by the Maryland State Police in order to legally carry a concealed handgun. This is governed by the Maryland Annotated Code, Criminal Law, Title 4, Section 203 (CR § 4-203), which addresses the wearing, carrying, or transporting of a handgun.
Maryland remains a permit-required state for concealed carry. There is no provision for constitutional carry (permitless concealed carry) under current Maryland law. All individuals wishing to carry a concealed handgun must obtain a Wear and Carry Permit through the Maryland State Police Licensing Division, which involves background checks, training requirements, and an application process.
View this topic on its own page: Constitutional Carry
Maryland law restricts the wear, carry, and transport of handguns and firearms in numerous locations. The Maryland Department of State Police notes that the following list should not be considered all-inclusive.
On school property — CR § 4-102
Within 1,000 feet of a demonstration in a public place — after a law enforcement officer advises that a demonstration is occurring and orders the person to leave the demonstration area until the person disposes of the firearm — CR § 4-208
In legislative buildings — SG § 2-1702
Aboard aircraft — TR § 5-1008
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
On dredge boats — other than two 10-gauge shotguns — NR § 4-1013
In or around State-owned public buildings and grounds — COMAR 04.05.01.03
On Chesapeake Forest Lands — except for hunting and target shooting as permitted — COMAR 08.01.07.14
In State Forests — except for hunting and target shooting as permitted — COMAR 08.07.01.04
In State Parks — except for hunting and target shooting as permitted — COMAR 08.07.06.04
In State Highway Rest Areas — firearms may not be displayed or discharged — COMAR 11.04.07.12
In community adult rehabilitation centers — COMAR 12.02.03.10
In child care centers — except for small centers located in residences, firearms may not be kept on the premises — COMAR 13A.16.10.04
A person may not wear, carry, or transport a firearm in:
A person may not wear, carry, or transport a firearm in a "government or public infrastructure area," which means:
Signage requirement: A government or public infrastructure area owned or leased by a unit of state or local government must display a clear and conspicuous sign at the main entrance indicating that it is not permissible to wear, carry, or transport a firearm in the building or that part of the building.
A person may not wear, carry, or transport a firearm in a "special purpose area," which means:
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:
Private location exception — 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 do not apply to:
Motor vehicle exception — The prohibitions do not apply to a firearm that is carried or transported in a motor vehicle if the firearm is:
Note: The Maryland State Police advises that this list should not be considered all-inclusive. Permit holders should consult the full text of Maryland statutes and COMAR regulations for complete details. The most up-to-date Maryland code can be accessed via the Maryland General Assembly's website.
View this topic on its own page: Prohibited Places
Maryland is a permit-required state for carrying handguns, including while transporting them in a vehicle. Maryland does not have constitutional or permitless carry provisions. Following the U.S. Supreme Court's 2022 decision in NYSRPA v. Bruen, Maryland removed its "good and substantial reason" requirement for permit issuance, making the Wear and Carry Permit available on a shall-issue basis to all eligible applicants.
Under MD Public Safety § 5-303, a person must have a valid Wear and Carry Permit issued by the Maryland State Police before the person carries, wears, or transports a handgun. This requirement applies to carrying a handgun on your person, in your vehicle, or otherwise transporting it.
Source: Maryland State Police, A Review of Firearms Law in the State of Maryland — "A person shall have a permit issued under this subtitle before the person carries, wears, or transports a handgun" (PS § 5-303).
Per MD Public Safety § 5-306, to be eligible for a Wear and Carry Permit, an applicant must:
Note: Prior to the Bruen decision (June 2022), Maryland also required applicants to demonstrate a "good and substantial reason" to carry. The MSP's own Review of Firearms Law training document still references this language, but the requirement has been removed by operation of law and is no longer part of the eligibility criteria.
Per the Maryland State Police FAQ and the Wear and Carry Permit page:
Source: MSP FAQ — "16 hours of training is required for the initial issue of a handgun (carry) permit; 8 hours is required for the renewal of a handgun (carry) permit."
Per the Maryland State Police FAQ, if a handgun permit expires before the renewed permit card is received, the permit holder may still carry on the expired permit provided the renewal application was received by the Handgun Permit Section at least two (2) weeks prior to the expiration date of the current permit.
Source: MSP FAQ — "As long as the renewal application has been received at the Handgun Permit Section at least two (2) weeks prior to the expiration date of the current handgun permit, you are still allowed to carry on the expired permit until you receive your renewed permit. If the application is returned to you for incompleteness and you resubmit it after the two (2) weeks, you will not be allowed to carry your handgun."
Under MD Criminal Law § 4-203, Maryland provides limited exemptions allowing certain persons to transport a handgun without a Wear and Carry Permit. These exemptions generally require the firearm to be unloaded and carried in an enclosed case or enclosed holster. Common exemptions include:
Important conditions for exemption transport:
New residents moving to Maryland must register regulated firearms. The MSP Licensing Division maintains a New Maryland Resident page with registration requirements. During the move itself, the § 4-203 exemption for transporting between residences would apply, subject to the unloaded/enclosed-case requirements.
Maryland has additional regulations governing firearms in the hunting context that may affect vehicle transport:
On January 20, 2026, the U.S. Court of Appeals for the Fourth Circuit issued its opinion in Kipke v. Moore, addressing Maryland's sensitive-places firearm restrictions. The court upheld carry restrictions in all nine challenged categories of locations:
However, pending review by the U.S. Supreme Court, the following three restrictions — despite being upheld by the Fourth Circuit — cannot currently be enforced:
| Restriction | Statute | Status |
|---|---|---|
| Locations selling alcohol | Md. Code Ann., Crim. Law § 4-111(a)(2)(8)(i) | Stayed pending SCOTUS |
| Private buildings or property without the owner's consent | Md. Code Ann., Crim. Law § 6-411 | Stayed pending SCOTUS |
| Within 1,000 feet of a public demonstration | Md. Code Ann., Crim. Law § 4-208 | Stayed pending SCOTUS |
Practical impact for vehicle carry: Permit holders should be aware that carrying a handgun into government buildings, schools, mass transit facilities, hospitals, state parks, museums, or entertainment venues remains prohibited even with a valid permit. The private property restriction (§ 6-411), the alcohol-serving location restriction (§ 4-111), and the demonstration proximity restriction (§ 4-208) are currently unenforceable pending Supreme Court resolution. This legal landscape may change — permit holders should monitor updates via the MSP Licensing Division mailing list for statutory and regulatory changes.
Source: Maryland State Police, Wear and Carry Permit page (mdsp.maryland.gov), updated following the Fourth Circuit's January 20, 2026 opinion.
Maryland law does not contain an explicit statutory duty for Wear and Carry Permit holders to proactively inform law enforcement that they are carrying a firearm during a traffic stop. However, the Baltimore County Police Department publishes the following recommended procedures for all traffic stops:
While not legally mandated, voluntarily informing the officer that you hold a Wear and Carry Permit and are currently armed is widely recommended by firearms trainers and law enforcement for safety.
Source: Baltimore County Government, "Resources and Tips for Citizens" — Traffic Stops section (baltimorecountymd.gov).
Per the Maryland State Police FAQ, if you are signaled to stop by an unmarked vehicle:
Under 18 U.S.C. § 926A (the Firearm Owners Protection Act), a person may transport a firearm through any state, including Maryland, if:
This federal protection applies regardless of Maryland state law. However, Maryland has historically interpreted FOPA narrowly, and travelers relying solely on FOPA protections (without a Maryland permit) should exercise caution — particularly regarding stops, delays, or overnight stays within the state. FOPA is an affirmative defense, not an immunity from arrest.
The Maryland State Police Licensing Division processes LEOSA credentials for qualified current and retired law enforcement officers under 18 U.S.C. §§ 926B–926C. LEOSA allows qualified officers to carry concealed firearms nationwide, including in vehicles.
Source: Maryland State Police, LEOSA page and Licensing Division page (mdsp.maryland.gov).
Maryland's Wear and Carry Permit is available to both residents and non-residents. The eligibility criteria under MD Public Safety § 5-306 do not distinguish between resident and non-resident applicants — the same requirements for age, criminal history, training, and background investigation apply.
Non-residents who frequently travel through Maryland with a handgun should obtain a Maryland permit, as the state does not honor carry permits from any other state. Maryland has no reciprocity agreements for concealed carry permits.
Maryland firearms laws are subject to ongoing legislative and judicial changes. The Maryland State Police Licensing Division maintains a public mailing list that provides periodic updates regarding changes to licenses, permits, statutory and regulatory changes, and system updates. Permit holders are encouraged to subscribe.
This guide is for informational purposes only and does not constitute legal advice. Firearm laws are subject to change through legislation and court decisions. Consult the full Maryland statutes or a qualified attorney for specific legal guidance.
View this topic on its own page: Carrying in Vehicles
Maryland does not recognize concealed carry permits or licenses issued by any other state. Maryland has no reciprocity agreements with any other state for concealed carry purposes.
| Category | Status |
|---|---|
| States whose permits Maryland honors | None |
| Reciprocity agreements | None |
| Non-resident permit applications | Allowed (must meet all Maryland requirements) |
| Transport through Maryland (federal law) | Permitted under federal law with proper compliance |
View this topic on its own page: Reciprocity
Maryland's use of force laws govern when a person may legally use physical force — including deadly force — in self-defense or defense of others. These laws are critically important for concealed carry permit holders (Maryland Wear and Carry Permit holders) to understand.
Maryland's self-defense laws are primarily derived from common law (judge-made law developed through court decisions) rather than a comprehensive statutory "Stand Your Ground" or "Castle Doctrine" code section. There is no single Maryland statute codifying the duty to retreat or Castle Doctrine — these doctrines are established through Maryland appellate court decisions. The statutory provisions below relate to firearms possession, carrying, prohibited conduct, and protective orders, which directly affect how and when a permit holder may lawfully have a firearm available for defensive use.
Maryland does not have a statutory "Stand Your Ground" law. Maryland's self-defense doctrine is rooted in common law and generally imposes a duty to retreat before using deadly force, with limited exceptions.
Maryland law requires that a person issued a Wear and Carry Permit carry the permit on their person whenever they carry, wear, or transport a handgun, per MD Public Safety Code Ann. § 5-308. The possession of a carry permit does not expand or alter a permit holder's legal right to use force. All standard self-defense principles and the duty to retreat apply equally to permit holders.
To be eligible for a Wear and Carry Permit, a person must:
A person who possesses a valid Maryland Wear and Carry Permit is exempt from separately obtaining a Handgun Qualification License (HQL) under MD Public Safety Code Ann. § 5-117.1. The Secretary may issue an HQL without additional application or fee to a Wear and Carry Permit holder who does not already hold one.
Separate from the Wear and Carry Permit, Maryland requires a Handgun Qualification License (HQL) to purchase, rent, or receive a handgun. A dealer or any other person may not sell, rent, or transfer a handgun unless the purchaser presents a valid HQL. To qualify, a person must:
An HQL expires 10 years from the date of issuance. Exemptions from the HQL requirement include active or retired law enforcement officers with valid credentials and active or retired members of the armed forces with valid military ID.
Per MD Criminal Law Code Ann. § 4-203, a person may not wear, carry, or transport a handgun on or about the person — whether concealed or open — without a valid permit. A person also may not wear, carry, or knowingly transport a handgun in a vehicle traveling on a road, parking lot, highway, waterway, or airway of the State. Maryland courts presume that a person who transports a handgun in a vehicle does so knowingly.
Exceptions to § 4-203 include:
Under federal law (18 U.S.C. §§ 926B and 926C), qualified active and separated (retired) law enforcement officers may carry a concealed handgun in any state, including Maryland, provided they meet specific requirements. In Maryland, the Maryland State Police Licensing Division issues LEOSA identification cards to qualified separated Maryland State Troopers and Deputy State Fire Marshals. Requirements include:
The LEOSA ID card is valid for one year from the date of firearms qualification. The application fee is $8.00 (non-refundable). Members of other Maryland law enforcement agencies seeking LEOSA credentials should contact their respective agencies.
Maryland does not recognize permits or CCWs from any other state. An out-of-state permit holder has no authority to carry a concealed handgun in Maryland based on their home state's permit.
Effective October 1, 2018 (HB1302, Ch. 250, 2018 Legislative Session), Maryland's Extreme Risk Protective Order law allows courts to temporarily require a person to surrender firearms and ammunition and prohibit them from purchasing or possessing firearms and ammunition. While an ERPO is a civil order (not a criminal charge), it has direct implications for concealed carry permit holders.
A petition may be filed by a:
An ERPO may be filed against a person who poses an immediate and present danger of causing personal injury to self or others by having firearms. Risk factors include:
| Order Type | Duration |
|---|---|
| Interim ERPO | Until temporary hearing, not beyond the second business day after issuance |
| Temporary ERPO | Until final hearing, not beyond 6 months |
| Final ERPO | Up to 1 year, extendable for an additional 6 months for good cause |
When the ERPO expires or is terminated, the custodial law enforcement agency verifies the respondent is not otherwise prohibited from possessing firearms and returns them within:
Violating an ERPO is a crime that may result in contempt, arrest, criminal prosecution, imprisonment, and/or fine. Law enforcement may arrest the respondent with or without a warrant if probable cause exists.
All court records relating to an ERPO are confidential and will not appear on the Judiciary's Case Search. Access is limited to court personnel, the respondent or their counsel, authorized Maryland Department of Health personnel, law enforcement agencies, and persons authorized by court order.
There are no filing fees, service fees, or appeal fees for Extreme Risk Protective Orders.
A person may not possess a regulated firearm if the person:
Note on Regulated vs. Non-Regulated Firearms: Under Maryland law, a "regulated firearm" means a handgun or a firearm classified as an assault weapon. A "non-regulated firearm" means any rifle or shotgun that does not meet the definition of an assault weapon. The prohibitions under § 5-133 apply specifically to regulated firearms.
A person prohibited from possessing a regulated firearm under § 5-133 is also prohibited from possessing ammunition.
A person may not knowingly or willfully participate in a straw purchase of a regulated firearm. A straw purchase means a sale in which a person uses another (the "straw purchaser") to complete the application, take initial possession, and subsequently transfer the firearm to the actual buyer.
Per 18 U.S.C. § 922(g)(3), federal law bars medical cannabis patients and personal cannabis users from purchasing or possessing firearms. Marijuana remains a Schedule I controlled substance under federal law, and there are no exceptions for state-sanctioned medical or personal use. The Maryland State Police queries individuals seeking to purchase a firearm about their cannabis use status and bars those who disclose use from completing the transaction. Providing false information is a federal offense punishable by up to 10 years in prison and a fine of up to $250,000.
A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.
Exceptions — This section does not apply if:
A licensed dealer may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the applicant and the original is forwarded to the Secretary of State Police.
A person may not purchase more than one regulated firearm in a 30-day period. Exceptions include purchases of antique firearms, purchases by designated collectors, purchases by law enforcement officers for official purposes, purchases by licensed dealers, and exchanges or replacements of a regulated firearm by the same seller within 30 days.
As of October 1, 2013, new residents of Maryland are required to register all regulated firearms with the Maryland State Police. Registration is handled through the MSP Licensing Division.
Maryland law does not impose a statutory duty on concealed carry permit holders to affirmatively inform law enforcement officers that they are carrying a firearm during a traffic stop or other encounter. However, permit holders must:
As a practical matter, voluntarily disclosing that you hold a valid carry permit and are armed is generally advisable to promote safety during any law enforcement encounter.
| Statute | Subject |
|---|---|
| MD Criminal Law § 4-104 | Firearm storage around children |
| MD Criminal Law § 4-203 | Wearing, carrying, or transporting a handgun |
| MD Public Safety § 5-101 | Firearm definition |
| MD Public Safety § 5-117.1 | Handgun Qualification License (HQL) |
| MD Public Safety § 5-118 | Firearm application requirements |
| MD Public Safety § 5-123 | Seven-day waiting period |
| MD Public Safety § 5-128 | One purchase per 30 days |
| MD Public Safety § 5-133 | Prohibited persons — regulated firearms |
| MD Public Safety § 5-133.1 | Prohibited persons — ammunition |
| MD Public Safety § 5-136 | Straw purchase prohibition |
| MD Public Safety § 5-303 | Wear and Carry Permit requirement |
| MD Public Safety § 5-306 | Wear and Carry Permit eligibility |
| MD Public Safety § 5-308 | Permit must be carried on person |
| 18 U.S.C. § 922(g)(3) | Federal prohibition — cannabis/drug users |
| 18 U.S.C. §§ 926B, 926C | LEOSA — law enforcement carry |
| HB1302, Ch. 250 (2018) | Extreme Risk Protective Orders |
View this topic on its own page: Use of Force Laws
Maryland does not have a Stand Your Ground law. Maryland is a duty-to-retreat state, meaning that individuals generally have an obligation to retreat from a confrontation before using deadly force, if retreat can be done safely.
Maryland has a limited Castle Doctrine that applies within one's home, though it is based primarily on case law rather than a specific codified statute.
Note: Maryland's self-defense and use of force principles, including the duty to retreat and Castle Doctrine, are derived from common law and case law rather than specific statutes. The information below reflects widely recognized legal principles established through Maryland appellate court decisions. Individuals should consult Maryland case law and a qualified attorney for authoritative guidance.
Under Maryland law, a person who is threatened outside of their home generally has a duty to retreat before resorting to deadly force, provided retreat can be accomplished safely. This duty to retreat is established through Maryland case law and common law principles, including decisions such as Crawford v. State and subsequent appellate rulings. The duty applies in all public spaces and locations outside the home.
Key points about the duty to retreat:
Maryland recognizes a limited Castle Doctrine through case law:
Maryland's self-defense law, derived from common law and case law, generally requires:
Maryland recognizes two forms of self-defense:
Under Md. Code, Public Safety § 5-101, a "firearm" means:
The definition includes starter guns.
Maryland law also distinguishes between:
Under Md. Code, Criminal Law § 4-203, a person may not:
Maryland courts presume that a person who transports a handgun in a vehicle on a public road does so knowingly.
The prohibition does not apply to:
Per Md. Code, Public Safety § 5-303 through § 5-308, a person must have a permit before carrying, wearing, or transporting a handgun. Eligibility requirements under § 5-306 include:
A permit holder must carry the permit on their person whenever carrying, wearing, or transporting a handgun (§ 5-308).
HQL exemption: The Secretary may issue a Handgun Qualification License, without an additional application or fee, to a person who meets the requirements for a Wear and Carry Permit and does not already hold an HQL (§ 5-306).
Under Md. Code, Public Safety § 5-117.1, a dealer or any other person may not sell, rent, or transfer a handgun to a purchaser, lessee, or transferee unless that person presents a valid Handgun Qualification License (HQL). Requirements include:
The HQL expires 10 years from the date of issuance.
Important: An HQL is not a carry permit — it only authorizes purchase, rental, or receipt of a handgun. A Maryland Wear and Carry Permit is a separate credential.
The HQL requirement does not apply to:
Under Md. Code, Public Safety § 5-133, § 5-118, and related sections, a person may not possess a regulated firearm if they:
Under § 5-133.1, a person prohibited from possessing a regulated firearm is also prohibited from possessing ammunition.
Under Md. Code, Criminal Law § 4-104, a person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child (under 16 years of age) would gain access to the firearm. The term "firearm" under this section includes but is not limited to a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun.
Exceptions apply if:
As of October 1, 2013, new residents of Maryland are required to register all regulated firearms with the Maryland State Police. Registration is handled through the MSP Licensing Division. Voluntary registration is also available for existing residents.
Effective October 1, 2018 (HB1302, Ch. 250 of the 2018 Legislative Session), Maryland's Extreme Risk Protective Order law allows a court to temporarily require a person to:
With reasonable belief that a person meets the requirements, an ERPO also allows the court to refer someone for an emergency evaluation due to mental disorder.
An ERPO cannot order a person to:
Other legal remedies (such as peace orders or protective orders) exist for those protections. An ERPO is a civil order, not a criminal charge.
A petition may be filed by a:
A petitioner who, in good faith, files a Petition for Extreme Risk Protective Order is not civilly or criminally liable for filing the petition.
An ERPO can be filed against a minor.
Factors demonstrating possible risk include:
| Order Type | Duration |
|---|---|
| Interim ERPO | Until Temporary hearing (no more than the second business day after issuance, unless the court is unexpectedly closed) |
| Temporary ERPO | Until Final hearing (not beyond 6 months) |
| Final ERPO | Up to 1 year; extendable for an additional 6 months for good cause after a subsequent hearing |
The final hearing is usually scheduled within 7 days after the respondent is served with the Temporary ERPO. The court may hold the final hearing with or without the respondent being present, provided the respondent has been served.
When the ERPO terminates or expires, the custodial law enforcement agency notifies the respondent and verifies they are not otherwise prohibited from possessing firearms. Firearms are returned no later than:
Under the ERPO law, the court can also refer the respondent for an emergency evaluation for a mental disorder:
All court records relating to an ERPO are confidential and will not appear on the Judiciary's Case Search. Contents may not be divulged, by subpoena or otherwise, except by court order for good cause. However, the following parties have access:
Maryland receives federal funding through the Byrne State Crisis Intervention Program (Byrne SCIP), authorized by the Bipartisan Safer Communities Act (BSCA) of 2022 (Pub. L. No. 117-159). This funding supports ERPO program implementation, training, public awareness, behavioral health deflection, and law enforcement firearm storage and tracking infrastructure. The program is administered in Maryland by the Governor's Office of Crime Prevention, Youth, and Victim Services (GOCPYVS).
Qualified separated (retired) law enforcement officers from the Maryland Department of State Police may obtain a LEOSA identification card to carry a concealed handgun under federal law (18 U.S.C. §§ 926B and 926C). Requirements include:
The LEOSA ID card costs $8.00 (non-refundable) and is valid for one year from the date of firearms qualification. Members of other Maryland law enforcement agencies should contact their respective agencies for LEOSA credentials.
Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Maryland firearm laws are complex and subject to change through legislation and court decisions. Consult a qualified Maryland attorney for guidance on specific legal situations. Information current as of April 2026.
View this topic on its own page: Castle Doctrine & Stand Your Ground
Maryland requires mandatory firearms training for both the initial issuance and renewal of a Wear and Carry Permit (concealed carry permit). These requirements were established under the Firearms Safety Act of 2013 (SB 281) and are administered by the Maryland State Police Licensing Division.
Training must be provided by instructors approved by the Maryland State Police. There are two pathways for instructor approval:
For instructors who are certified by the Maryland Police and Correctional Training Commissions or hold a valid certification from a nationally recognized firearms organization:
For instructors who are not certified by the above bodies:
The following individuals are exempt from the Handgun Qualification License (HQL) training requirement (note: separate from Wear and Carry training):
Separate from the Wear and Carry Permit, Maryland also requires a Handgun Qualification License (HQL) to purchase a regulated firearm. The HQL training requirement is:
View this topic on its own page: Training Requirements
The Maryland Wear and Carry Permit (handgun permit) is issued by the Maryland Department of State Police (MSP), Licensing Division.
Any person who wishes to legally wear, carry, or transport a handgun in Maryland must possess and maintain on their person a valid Maryland Handgun Wear and Carry Permit issued by the Maryland Department of State Police.
Important: Submission of the Wear and Carry Permit application does not authorize the applicant to wear, carry, or transport a handgun.
The Maryland State Police application to Wear and Carry a firearm can ONLY be completed through the MSP Licensing Portal at licensingportal.mdsp.maryland.gov.
Before submitting an application, the following must be completed:
View this topic on its own page: Application Process
Maryland Wear and Carry Permit holders must renew their permits through the Maryland State Police (MSP) Licensing Portal. The renewal process closely mirrors the original application process but with some reduced requirements.
| Type | Fee |
|---|---|
| Renewal | $75.00 |
| Replacement/Modification | $20.00 |
| Active/Retired Law Enforcement Officers of this State or a County/Municipality (PS 5-304) | $0.00 |
Additional questions may be emailed to the Licensing Division Handgun Permit Unit at: msp.handgunpermits@maryland.gov
View this topic on its own page: Renewal Process
Maryland concealed carry permits — officially called Wear and Carry Permits — are issued by the Maryland Department of State Police (MSP), Licensing Division under authority of the Maryland Public Safety Article, Title 5, Subtitle 3 (§§5-301 through 5-314). Applications are submitted and processed exclusively through the MSP Licensing Portal.
All MSP licensing fees are non-refundable, including if an application is denied, withdrawn, or returned for deficiencies. Fees paid to approved fingerprint vendors are separate from MSP licensing fees and are likewise non-refundable. Applications are made under oath per Md. Code, Pub. Safety §5-304.
Fee amounts are established by statute (Md. Code, Pub. Safety §5-304) as maximum amounts the Secretary may charge. The MSP currently charges the statutory maximum:
| Fee Type | Amount | Statutory Maximum | Authority |
|---|---|---|---|
| Initial (Original) Wear and Carry Permit | $125.00 | Up to $125 | Md. Code, Pub. Safety §5-304(b)(1) |
| Renewal Wear and Carry Permit | $75.00 | Up to $75 | Md. Code, Pub. Safety §5-304(b)(2) |
| Replacement / Modification Permit | $20.00 | Up to $20 | Md. Code, Pub. Safety §5-304(b)(3) |
Fees are collected electronically upon application submission through the Licensing Portal.
Important correction: Some older references cite lower fees ($75 initial / $50 renewal). The current statutory maximums and MSP-published fees are $125 initial and $75 renewal per §5-304(b). Always verify with the MSP Fee Schedule (PDF).
The following individuals are exempt from permit fees per Md. Code, Pub. Safety §5-304(c):
The MSP Wear and Carry Permit page confirms: Law Enforcement: $0.00.
To obtain a replacement for a lost or stolen permit, you must submit (Source: MSP FAQ):
The statute authorizes the Secretary to reduce fees for permits limited to a single day and single location, at the Secretary's discretion per Md. Code, Pub. Safety §5-304.
Fingerprinting is required for all Wear and Carry Permit applications. Per Md. Code, Pub. Safety §5-305, the Secretary must obtain state and national (FBI) criminal history records checks for each applicant through the Central Repository.
Applicants must submit:
Estimated total fingerprinting costs (vendor fee + state processing + FBI processing): approximately $50–$80, though applicants should confirm current fees directly with their chosen approved vendor and the MSP Fee Schedule (PDF).
Approved vendor locations: MSP Fingerprinting page
Maryland requires completion of a firearms training course from a Qualified Handgun Instructor (QHI) approved by MSP. Training must be completed within 2 years prior to application submission (Source: MSP W&C Permit page).
| Application Type | Minimum Training Hours | Typical Cost Range |
|---|---|---|
| Initial permit | 16 hours (classroom + live-fire) | $150–$400+ |
| Renewal permit | 8 hours (classroom + live-fire) | $100–$250+ |
The approved course must cover:
Certain law enforcement and military personnel may be exempt from training requirements. Consult the MSP W&C Permit page for current exemption categories.
Practical tip: Because late renewals reset to original application status (higher fee, 16-hour training requirement, longer processing), applicants should begin the renewal process well before expiration.
Note: Submission of a Wear and Carry Permit application does not authorize you to wear, carry, or transport a handgun. You must wait for permit issuance. (Source: MSP W&C Permit page)
| Cost Component | Initial Application | Renewal |
|---|---|---|
| MSP application fee | $125.00 | $75.00 |
| Fingerprinting (total estimated) | ~$50–$80 | ~$50–$80 |
| Required training course | ~$150–$400+ | ~$100–$250+ |
| Passport photo (if needed) | ~$10–$15 | ~$10–$15 |
| Estimated Total | ~$335–$620+ | ~$235–$420+ |
Important: These are estimates. MSP application fees are confirmed at $125 / $75 per the MSP website. Fingerprinting and training costs vary. Verify all fees with the MSP and your training provider before applying.
For applicants who may also need other MSP firearm licenses:
| License/Application | Fee | Notes |
|---|---|---|
| LEOSA Application (retired law enforcement) | $8 per application | Non-returnable; per Md. Code, Pub. Safety §5-312. Fee collected as part of electronic submission. |
| Regulated Firearm Purchase (MSP 77R) — Licensed Dealer | $10 processing fee | Per transaction submitted |
| Regulated Firearm Purchase — Secondary Sale via Dealer | $10 processing fee | Dealer may assess an additional fee not to exceed $20 total |
| Regulated Firearm Purchase — Secondary Sale at MSP Barrack | $10 processing fee | |
| Voluntary Registration / Inheritance | No fee | |
| Gift to immediate family | No fee | Immediate family: spouse, children, grandchildren, parents, grandparents |
| Gift to non-immediate family | $10 | Treated as secondary sale; HQL may be required — see HQL page |
| Extreme Risk Protective Order (ERPO) | No fee | No filing fees, service fees, or appeal fees (Source: Maryland Courts) |
| New Resident Firearm Registration (after Oct. 1, 2013) | See MSP | Required for all regulated firearms; check Registration page |
MSP 77R application/processing fees are non-refundable. (Source: MSP Regulated Firearm Purchases page)
| Resource | Link |
|---|---|
| MSP Licensing Division Contact | Contact Us page |
| Fee Schedule (PDF) | Fee Schedule PDF |
| Wear and Carry Permit Info | W&C Permit page |
| Fingerprinting Info | Fingerprinting page |
| Licensing Portal | Portal page |
| FAQ | Licensing Division FAQ |
| Compliments or Complaints | MSP Complaint Form (PDF) |
| Regulated Firearm Purchases | Regulated Firearms page |
| Handgun Qualification License | HQL page |
This guide references Maryland Public Safety Article, Title 5, Subtitle 3 and MSP Licensing Division sources as of April 2026. Fee amounts ($125 initial, $75 renewal, $20 replacement) are confirmed from both the statute (§5-304) and the MSP Wear and Carry Permit page. The MSP Fee Schedule PDF contains the authoritative complete fee list. Always verify current fees directly with MSP before applying.
View this topic on its own page: Fees and Costs
Maryland prohibits the possession, sale, and transfer of certain assault weapons as defined under the Criminal Law Article, Title 4, Subtitle 3, and Public Safety Article, Title 5.
Per Criminal Law § 4-203 and MSP guidance, handguns must be transported under the following conditions:
Per 18 U.S.C. § 926A, a person not prohibited from possessing firearms may transport a firearm interstate provided:
Under Maryland Annotated Code, Criminal Law, Article 4, Section 104:
The following categories of persons are prohibited from purchasing or possessing regulated firearms (per State and Federal prohibitors referenced by MSP):
Sources: Maryland State Police Licensing Division FAQs (mdsp.maryland.gov); Maryland Annotated Code, Criminal Law, Title 4; Maryland Public Safety Article, Title 5; 18 U.S.C. § 922(g)(3); 18 U.S.C. § 926A
View this topic on its own page: Weapon Restrictions
Maryland prohibits handling, carrying, or using firearms while impaired by alcohol or drugs. This restriction applies to all concealed carry permit holders and is enforced through both statutory law and administrative regulations. Violations can result in permit revocation, criminal charges, and loss of firearm possession rights.
Under COMAR 29.03.02.02(D) (Code of Maryland Regulations, Maryland State Police — Handgun Permits):
"A permit holder may not wear, carry, or transport a handgun while under the influence of alcohol or drugs."
This is a strict administrative rule that applies whenever a Maryland Handgun Wear and Carry Permit holder is armed in public. The regulation does not specify a numeric blood alcohol concentration (BAC) threshold for carrying — the prohibition is triggered by being "under the influence" of alcohol or drugs.
Source: COMAR 29.03.02.02, issued pursuant to Public Safety Article § 5-306(a), Annotated Code of Maryland.
Under COMAR 29.03.01.11(B)(3) (Secondary Sales of Regulated Firearms):
"A person may not sell, rent, or transfer a regulated firearm to ... a purchaser, lessee, or transferee who is visibly under the influence of alcohol or drugs."
This means a permit holder who is visibly impaired cannot lawfully receive a firearm from another person, even in a private secondary sale.
Maryland law bars "habitual drunkards" from purchasing or possessing regulated firearms. Per the Maryland State Police:
"Habitual drunkard is a person who has been found guilty of any three crimes under § 21-902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year."
Statutory reference: Md. Code, Transportation Article § 21-902 (driving while impaired/under the influence statutes).
Effect on permit holders: A conviction record meeting this definition is a disqualifying condition for firearm purchase and possession under the Maryland Public Safety Article.
A person found guilty of two controlled dangerous substance crimes, one within the past 5 years, is a "habitual user" and is prohibited from possessing regulated firearms under Maryland law.
"Habitual user is a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years."
Source: Maryland State Police FAQs (mdsp.maryland.gov).
Even with a valid Maryland medical cannabis card or under Maryland's legal personal-use cannabis framework, federal law prohibits firearm possession:
"Federal law bars medical cannabis patients and personal cannabis users from purchasing or possessing firearms. The Federal Gun Control Act, 18 U.S.C. § 922(g)(3), prohibits any person who is an 'unlawful user of or addicted to any controlled substance' ... from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law."
Penalty for false statement: Failing to disclose cannabis use on a firearm purchase application is punishable by up to 10 years in prison and a fine up to $250,000.
Source: Maryland State Police, Regulated Firearm Purchases FAQ.
While not firearm-specific, impaired driving convictions feed into the "habitual drunkard" disqualification. Per Maryland State Police:
Maryland troopers use the Standard Field Sobriety Test and may use preliminary breath testers roadside. If a driver's BAC is 0.05 or less, it is presumed the person was not under the influence of alcohol and not driving while impaired by alcohol.
Statute: Md. Code, Transportation Article § 21-902.
Under COMAR 08.03.16.03(C) and Natural Resources Article § 10-410(i):
A person convicted of "carrying a firearm while hunting under the influence of alcohol or a narcotic drug" faces a hunting license suspension of 3 years and is prohibited from engaging in any hunting activity or applying for any hunting license, permit, or stamp during that period.
This is a separate offense from concealed carry impairment but reinforces Maryland's broad policy against armed impairment.
Maryland's Public Safety Article Subtitle 6 (§§ 5-601 through 5-608) allows courts to issue Extreme Risk Protective Orders (ERPOs) requiring surrender of firearms and ammunition when a respondent poses an "immediate and present danger of causing personal injury" by possessing a firearm.
All three order types require surrender of firearms and ammunition to law enforcement and prohibit purchase or possession for the duration of the order.
| Citation | Topic |
|---|---|
| COMAR 29.03.02.02(D) | Permit holder may not carry while under the influence of alcohol or drugs |
| COMAR 29.03.01.11(B)(3) | Prohibits firearm transfer to visibly impaired persons |
| Md. Pub. Safety Art. § 5-133 | Restrictions on possession of regulated firearms (habitual drunkard/user) |
| Md. Pub. Safety Art. § 5-306 | Handgun permit authority |
| Md. Transp. Art. § 21-902 | Driving under the influence / while impaired |
| Md. Nat. Res. Art. § 10-410(i) | Carrying firearm while hunting under the influence |
| COMAR 08.03.16.03 | Hunting license suspensions for firearm-alcohol offenses |
| 18 U.S.C. § 922(g)(3) | Federal bar on firearm possession by unlawful drug users (includes cannabis) |
| Md. Pub. Safety Art. §§ 5-601 to 5-608 | Extreme Risk Protective Orders |
This reference summarizes Maryland law as of April 2026. Laws and regulations change — verify current text with official sources or consult a licensed Maryland attorney before relying on this information in any legal matter.
View this topic on its own page: Carrying Under the Influence
Under Maryland Annotated Code, Criminal Law, Article 4, Section 104 (CR § 4-104), Maryland law imposes specific storage requirements for firearms in the home:
The storage requirement under CR § 4-104 does not apply if:
Note: The sections below reference statutes and guidance not included in the verified source material. They are included for informational reference but should be independently verified.
While not strictly "storage," Maryland law imposes requirements on how firearms must be kept when being transported, which is relevant to concealed carry permit holders:
Note: The transportation requirements above are based on CR § 4-203, which was not included in the verified source material for this review. Readers should consult the statute directly for authoritative details.
Per 18 U.S.C. § 926A, when transporting firearms interstate:
Note: The interstate transport requirements above are based on 18 U.S.C. § 926A, which was not included in the verified source material for this review. Readers should consult the federal statute directly for authoritative details.
| Reference | Subject |
|---|---|
| MD Criminal Law § 4-104 | Storage of loaded firearms — child access |
| MD Criminal Law § 4-203 | Wearing, carrying, or transporting a handgun |
| 18 U.S.C. § 926A | Interstate transportation of firearms |
View this topic on its own page: Storage Requirements
Under Maryland Annotated Code, Criminal Law, Title 4, Section 203, a person may not wear, carry, or transport a handgun, whether concealed or open, on or about the person, or in a vehicle, without meeting specific statutory exceptions.
For a detailed account of the prohibitions on wearing, carrying, or transporting a handgun, refer directly to MD Criminal Law § 4-203.
There are statutory exceptions to this general prohibition (see below).
When transporting a handgun under one of the statutory exceptions, the following conditions must be met:
A person may transport a handgun only:
Under 18 U.S.C. § 926A (Federal Peaceable Journey Law), a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where they may lawfully possess and carry such firearm to any other place where they may lawfully possess and carry such firearm, provided:
Important: Federal law allows a person to transport a firearm through Maryland but not to Maryland if the firearm is not in compliance with Maryland state law.
Holders of a valid Maryland Wear and Carry Permit may carry a handgun as authorized by their permit. Maryland does not recognize permits or CCWs from any other state.
| Reference | Description |
|---|---|
| MD Criminal Law § 4-203 | Wearing, carrying, or transporting a handgun |
| MD Criminal Law § 4-104 | Storage of loaded firearms accessible to unsupervised minors |
| MD Criminal Law, Title 4, Subtitle 3 | Assault weapons prohibitions |
| 18 U.S.C. § 926A | Federal interstate transportation of firearms |
| 27 CFR Part 178 | Federal transportation of firearms regulations |
View this topic on its own page: Transportation Laws
Maryland is a partial preemption state. State law preempts most local regulation of firearms, but carves out several significant exceptions that allow counties, municipalities, and special taxing districts to regulate firearms in specific ways. Concealed carry permit holders traveling throughout Maryland should understand that while core firearm laws are uniform statewide, local ordinances may still restrict discharge, regulate firearms near public assembly places, and impose age-based restrictions.
Maryland Code, Criminal Law Article § 4-209 is the principal state preemption statute governing handguns, rifles, shotguns, and ammunition.
"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."
Source: Md. Code, Criminal Law § 4-209
Local jurisdictions retain authority to regulate firearms and ammunition in the following areas:
Local jurisdictions may not prohibit:
A county, municipality, or special taxing district may not prohibit transportation of a firearm by a person carrying a court order requiring its surrender, provided:
"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."
Pre-1985 local laws may remain in effect and be amended, so long as the amendments do not expand local regulatory reach.
"This section supersedes any restriction that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm."
"This chapter supersedes any restriction that a local jurisdiction in the State imposes on the sale, transfer, or possession of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the sale of a regulated firearm."
Source: COMAR 29.03.01.02
The term "regulated firearm" is defined by Maryland statute at Md. Code, Public Safety § 5-101(h). Permit holders should consult the current statutory text for the operative definition, which controls which firearms are subject to Maryland's regulated-firearm purchase, sale, transfer, and possession requirements.
The following are illustrative of local rules that remain enforceable because they fall under § 4-209(b) exceptions or predate 1985:
These ordinances are generally permissible because they target minors, sensitive locations, discharge, or secondhand dealer licensing — all outside the scope of full state preemption.
| Authority | Subject |
|---|---|
| Md. Criminal Law § 4-209 | Primary preemption of handguns, rifles, shotguns, ammunition |
| Md. Public Safety § 5-133(a) | Preemption of regulated firearm possession |
| COMAR 29.03.01.02(H) | Preemption of regulated firearm sale/transfer/possession |
| Md. Public Safety § 5-132 | Handgun safety devices (statewide standard) |
| Md. Public Safety § 5-703 & § 5-704 | Serial number and registration requirements (statewide) |
The Maryland General Assembly's 2026 Regular Session was in progress as of the most recent source review, and the legislative record may change throughout the session. Permit holders should monitor the Maryland General Assembly legislative tracking site for current session activity affecting firearms preemption under Md. Criminal Law § 4-209 or Md. Public Safety § 5-133.
Maryland's preemption framework means statewide uniformity for core firearm purchase, ownership, and possession rules, while local governments retain authority over discharge, sensitive locations (within 100 yards of parks, churches, schools, public buildings, and places of public assembly), minors, and their own law enforcement officers. Permit holders should research local ordinances in any county or incorporated municipality before carrying in unfamiliar jurisdictions.
Primary Sources:
View this topic on its own page: State Preemption
Maryland enacted its red flag law through House Bill 1302 (Ch. 250 of the 2018 Legislative Session), signed by Governor Larry Hogan on April 24, 2018, and effective October 1, 2018. Codified at MD Code, Public Safety §§ 5-601 through 5-610, the law created the Extreme Risk Protective Order (ERPO) — a civil court order that temporarily requires an individual to surrender firearms and ammunition and prohibits them from purchasing or possessing firearms while the order is in effect.
Maryland was notably the first state to include health care professionals as authorized petitioners in its ERPO law.
An ERPO can:
An ERPO cannot:
For protective remedies such as stay-away orders or no-contact provisions, petitioners should pursue a separate Peace Order or Protective Order through the District Court.
Under MD Public Safety Code Ann. § 5-601, the person requesting an ERPO is the petitioner. The following individuals may petition:
Family Members & Intimate Partners:
Law Enforcement:
Health Care Professionals (who have examined the respondent):
An ERPO may be filed against any person — including a minor — who poses an immediate and present danger of causing personal injury to themselves or others by possessing a firearm. Factors demonstrating possible risk include:
Petitions may be filed with the District Court during business hours, or with a District Court commissioner when the Clerk's office is closed (available 24/7/365). The petition must be signed under penalty of perjury and include:
No filing fees are charged for ERPO petitions. Petitioners acting in good faith are immune from civil and criminal liability (§ 5-602). Notably, the statute provides good-faith immunity for those who file an ERPO, but does not explicitly extend the same protection to providers who elect not to file in favor of another course of action (such as an emergency petition or civil commitment).
An attorney is not required to file or respond to an ERPO, though either party may retain legal counsel.
Maryland's ERPO law establishes three levels of orders with escalating standards of proof and durations:
If a respondent subject to an ERPO fails to surrender firearms, a State's Attorney or law enforcement officer may apply for a search warrant with probable cause. The court may issue a warrant authorizing search and removal of firearms at any identified location.
If a law enforcement officer serves the respondent personally, the respondent must immediately surrender all firearms and ammunition to the officer.
If the respondent receives the order by mail, they must contact the designated law enforcement agency and arrange for immediate surrender. The following steps must be followed when transporting firearms:
Each firearm and ammunition must be surrendered to the designated law enforcement agency for the county or city where the ERPO was issued. Contact information for the designated agency is included with the order.
When an ERPO terminates or expires, the custodial law enforcement agency:
| Order Type | Trigger | Return Deadline |
|---|---|---|
| Interim or Temporary ERPO | Expiration | 14 days |
| Final ERPO (court-terminated) | Court terminates the order | 14 days |
| Final ERPO (natural expiration) | Order expires at end of term | 48 hours |
Alternative disposition options:
Violating any ERPO (interim, temporary, or final) is a misdemeanor:
| Offense | Maximum Jail Time | Maximum Fine |
|---|---|---|
| First offense | 90 days | $1,000 |
| Subsequent offenses | 1 year | $2,500 |
Additional consequences:
All court records relating to ERPO proceedings are confidential and the contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause. A reference to the court record will not be included on the Judiciary's Case Search.
The following parties have access:
Maryland's ERPO law operates alongside several other statutory mechanisms that restrict firearms possession. Understanding these related provisions is important for concealed carry permit holders:
Under MD Public Safety Code Ann. § 5-133, the following categories of individuals are indefinitely prohibited from possessing regulated firearms:
These prohibitions are distinct from ERPOs — they are indefinite rather than temporary, and are triggered by predicate events rather than a petition process. Individuals subject to these restrictions may petition for relief through the Maryland Department of Health, Office of Court Ordered Evaluation and Placement.
An emergency petition ("EP") under Health-General § 10-622 addresses situations where a person has a mental disorder and presents a danger to life or safety. While firearms may be seized by police during service of an EP, the ERPO provides a more structured and durable mechanism — patients released from emergency evaluation after an EP may immediately request return of weapons unless an ERPO or other restriction is in place.
Under MD Public Safety Code Ann. § 5-133.1, a person prohibited from possessing a regulated firearm is also prohibited from possessing ammunition.
Maryland concealed carry (Wear and Carry) permit holders should understand the following intersections:
Maryland's ERPO program is supported by federal funding through the Byrne State Crisis Intervention Program (Byrne SCIP), authorized by the Bipartisan Safer Communities Act of 2022 (Pub. L. No. 117-159). This formula-based funding, administered in Maryland by the Governor's Office of Crime Prevention, Youth, and Victim Services (GOCPYVS), supports:
Maryland has been one of the most active states in ERPO utilization since enactment:
Research on similar laws nationally suggests effectiveness in reducing firearm deaths:
| Form | Number | Purpose |
|---|---|---|
| Petition for ERPO | DC-ERPO-001 | Initial petition filing |
| Mental Health Addendum | DC-ERPO-001B | Summary of respondent's behavior and mental health history |
| Modify/Rescind/Extend | CC-DC-ERPO-006 | Request to change or extend existing order |
Note: This section covers Maryland law as codified through the 2025 legislative session. Permit holders should monitor the Maryland General Assembly (mgaleg.maryland.gov) for pending legislation and consult the full statutory text at MD Code, Public Safety §§ 5-601 through 5-610 or seek legal counsel for the most current information.
View this topic on its own page: Red Flag Laws
Maryland regulates several categories of weapons and firearms-related items at the state level through the Maryland State Police (MSP) Licensing Division. The following summarizes what is known from the MSP Licensing Division's website regarding state-level registration and licensing requirements.
Important Note: The source material reviewed is primarily a navigational page from the Maryland State Police Licensing Division. It confirms the existence of state-level registration and licensing requirements for machine guns, regulated firearms, and body armor, but does not provide statutory text, specific statutory citations, or detailed descriptions of restrictions. The source does not address suppressors/silencers, short-barreled rifles, short-barreled shotguns, or assault weapons. For complete information on all NFA item restrictions and weapon regulations in Maryland, consult the relevant sections of the Maryland Code directly.
View this topic on its own page: NFA Items
The following resources provide official information and support for Maryland Wear and Carry Permit holders and applicants.
The Maryland State Police (MSP) Licensing Division is the primary agency responsible for processing Wear and Carry Permit applications.
For questions related to handgun qualifications and licensing:
The full text of Maryland firearms law, including § 4-203 of the Criminal Law Article (governing the wearing, carrying, and transporting of handguns), can be accessed through:
| Statute | Description |
|---|---|
| Md. Code, Criminal Law § 4-203 | Wearing, carrying, or transporting a handgun |
View this topic on its own page: Additional Resources
Source: Maryland Department of State Police, Licensing Division (mdsp.maryland.gov)
Q: Does the law require training for Concealed Carry Handgun permit holders?
A: Yes. 16 hours of training is required for the initial issue of a handgun (carry) permit. 8 hours of training is required for the renewal of a handgun (carry) permit.
Q: Who is exempt from the training requirement?
A: A list of exemptions from the Wear and Carry permit training requirement is available on the Maryland State Police Licensing Division website.
Q: Who is exempt from the HQL training requirement?
A: Exemptions from the HQL training requirement apply to:
A full list of exemptions is available on the Maryland State Police Licensing Division website.
Q: Can a handgun instructor that is not on the approved list qualify me?
A: No. The handgun instructor must be registered with the Maryland State Police online registration.
Q: How can I find an approved certified handgun instructor?
A: A list of Qualified Handgun Instructors is available online through the Maryland State Police verification portal.
Q: I have a permit/CCW from my state. Is this valid in Maryland?
A: No. Maryland does not recognize permits/CCWs from any other state.
Q: Can the application be handwritten?
A: No. The application must be completed and submitted online through the Licensing Division Portal.
Wear and Carry card "Replacement" requests are submitted through your online portal account. If you do not have an existing portal account, you will need to create one to submit this request. You must attach a notarized letter explaining the circumstances of the loss/theft. There is a $10 fee, paid via credit card upon submission. If you are a security guard, private detective, armored car driver, or special police officer, you must attach an updated company sponsorship to your request.
Q: Can an out-of-state LiveScan provider fingerprint me?
A: No. Out-of-state providers are not approved by the Department of Public Safety and Correctional Services.
Q: Can a LiveScan provider that is not on the approved list fingerprint me?
A: No. They must be approved by the Department of Public Safety and Correctional Services.
Q: How can I legally transport handguns within/through Maryland?
A: Handguns must be:
You can only transport a handgun between:
Refer to Maryland Annotated Code, Criminal Law, Title 4, Section 203 for detailed requirements on wearing, carrying, or transporting a handgun.
Q: Can I legally transport firearms interstate?
A: Yes, under Title 18, Section 926A of the United States Code, a person who is not prohibited from possessing a firearm may transport a firearm for any lawful purpose from any place where they may lawfully possess and carry such firearm to any other such place, provided that during transport:
Q: Can I legally transport my regulated firearm to the range?
A: Yes, however Maryland and federal laws require specific conditions be met. The basic requirement is the handgun must be unloaded and in an enclosed case or enclosed holster with the ammunition separate from the handgun, AND you must be transporting the handgun to or from the locations listed in the statute. See Maryland Annotated Code, Criminal Law, Title 4, Section 203 and 27 Code of Federal Regulations, Part 178.
Q: Is it lawful for a medical cannabis patient or a personal user of cannabis to own or possess a firearm?
A: No. Federal law bars medical cannabis patients and personal cannabis users from purchasing or possessing firearms. The Federal Gun Control Act, 18 U.S.C. § 922(g)(3), prohibits any person who is an "unlawful user of or addicted to any controlled substance" from shipping, transporting, receiving, or possessing firearms or ammunition. Marijuana remains a Schedule I controlled substance under federal law, and there are no exceptions for marijuana used for medicinal purposes, even if sanctioned by state law.
The Maryland State Police query individuals who seek to purchase a firearm about their status as a medical cannabis patient or personal user of cannabis and bar those who disclose such status from making the transaction. Providing false information by failing to disclose cannabis patient/user status when purchasing a firearm is a violation of federal statute, punishable by up to 10 years in prison and a fine of up to $250,000.
Q: Is there a law for storing firearms in the home?
A: Yes. Under Maryland Annotated Code, Criminal Law, Article 4, Section 104, it is unlawful for any person to 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. For safety purposes, the stored firearm should be unloaded and the use of an appropriate lock or locked container is recommended.
Q: What is a habitual user?
A: A habitual user is a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years.
Q: What is a habitual drunkard?
A: A habitual drunkard is a person who has been found guilty of any three crimes under § 21-902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year.
| Statute | Subject |
|---|---|
| Maryland Criminal Law, Title 4, Section 104 | Firearm storage around minors |
| Maryland Criminal Law, Title 4, Section 203 | Wearing, carrying, or transporting a handgun |
| Maryland Criminal Law, Title 4, Subtitle 3 | Assault weapons / copycat weapons |
| Maryland Public Safety Article, Title 5, Subtitle 1 | Regulated firearms |
| Maryland Public Safety Article, 5-102(6) | Dealer exemptions |
| Maryland Public Safety Article, 5-146(a) | Lost/stolen firearm reporting notification |
| COMAR 29.03.01.21 | Transfer of regulated firearms at gun shows |
| 18 U.S.C. § 922(g)(3) | Federal prohibition on firearm possession by drug users |
| 18 U.S.C. § 926A | Interstate transport of firearms |
| 21 U.S.C. § 802 | Controlled Substances Act definitions |
View this topic on its own page: Frequently Asked Questions
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