Maryland is a partial preemption state. State law preempts most local regulation of firearms, but carves out several significant exceptions that allow...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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:
This page covers one part of our Maryland concealed carry guide.
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