Maryland Use of Force and Self-Defense Laws

Use of Force Laws in Maryland

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.

Important Note on Source Limitations

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.

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Self-Defense Under Maryland Common Law

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.

General Principles

• A person may use reasonable force to defend themselves when they have a reasonable belief that they are in imminent danger of bodily harm.
• The force used in self-defense must be proportional to the threat faced.
• Deadly force (force likely to cause death or serious bodily harm) may only be used when a person reasonably believes they are in imminent danger of death or serious bodily harm.
• Maryland law generally requires a person to retreat if they can do so safely before resorting to deadly force, unless they are in their own home (the "Castle Doctrine" exception).
• The person claiming self-defense bears the burden of producing evidence to support the claim, though the State retains the burden of disproving self-defense beyond a reasonable doubt.

Duty to Retreat

• Maryland imposes a duty to retreat before using deadly force in public places. A person must attempt to avoid the conflict by retreating if it is safe to do so.
• The duty to retreat does not apply when a person is inside their own home (Castle Doctrine). A person has no obligation to retreat from their dwelling before using force, including deadly force, in self-defense.
• The person claiming self-defense must not have been the initial aggressor in the confrontation.
• The duty to retreat is evaluated based on whether the defender reasonably believed they could retreat safely — not based on hindsight analysis of whether retreat was actually possible.

Castle Doctrine

• Under Maryland common law, a person who is in their own home and is not the aggressor has no duty to retreat before using deadly force in self-defense.
• This applies when the person reasonably believes deadly force is necessary to prevent imminent death or serious bodily harm.
• The Castle Doctrine applies to the person's dwelling — Maryland courts have interpreted this to include the home itself but the exact scope (e.g., curtilage, attached garages, yards) depends on case-specific facts.
• A co-occupant or invited guest may also invoke the Castle Doctrine in certain circumstances, provided they are not the aggressor.

Defense of Others

• Maryland common law permits a person to use force, including deadly force, in defense of another person under the same circumstances that would justify self-defense.
• The defender must reasonably believe that the person being protected is in imminent danger of death or serious bodily harm.
• The defender "steps into the shoes" of the person being defended — if the person being defended would not have been justified in using force, the defender is likewise not justified.

Defense of Property

• Maryland common law generally does not permit the use of deadly force solely to protect property.
• Reasonable, non-deadly force may be used to prevent the unlawful taking or destruction of property, but only where the force is proportional to the threat to the property.
• If a property crime escalates into a threat of death or serious bodily harm to a person, the standard self-defense analysis applies.

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Use of Force and Concealed Carry

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.

Wear and Carry Permit Requirements (MD Public Safety Code Ann. § 5-306)

To be eligible for a Wear and Carry Permit, a person must:

• Not be prohibited from possessing a firearm
• Be an adult (at least 21 years old)
• Not have been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance
• Not presently be an alcoholic, addict, or habitual user of a controlled dangerous substance (unless under legitimate medical direction)
• Have completed the required training course (16 hours for initial issue; 8 hours for renewal)
• Not have exhibited a propensity for violence or instability
• Have a good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger

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.

Handgun Qualification License (MD Public Safety Code Ann. § 5-117.1)

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:

• Be at least 21 years old
• Be a resident of the State
• Have completed a firearms safety training course approved by the Secretary within 3 years prior to application
• Not be otherwise prohibited from purchasing or possessing a handgun under State or federal law

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.

Carrying Without a Permit (MD Criminal Law Code Ann. § 4-203)

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:

• Law enforcement officials of the United States, the State, or a county or city of the State
• Members of the armed forces of the United States or of the National Guard on duty or traveling to or from duty
• Law enforcement officials of another state temporarily in Maryland on official business
• Correctional officers or wardens of correctional facilities in the State
• Sheriffs and full-time or part-time assistant or deputy sheriffs
• Individuals whom have been issued a Maryland Wear and Carry Permit
• Individuals transporting a handgun for lawful purposes (e.g., to a repair shop, shooting range, or hunting) — the handgun must be unloaded and carried in an enclosed case or enclosed holster with ammunition kept separate

Law Enforcement Officers Safety Act (LEOSA)

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:

• Separation in good standing from a law enforcement agency
• At least 10 years of aggregate law enforcement service (or separation due to service-connected disability after completing probation)
• Annual firearms qualification meeting active-duty standards, certified by a Maryland Police and Correctional Training Commission (MPCTC) certified instructor
• Not officially found unqualified for reasons relating to mental health
• Not under the influence of alcohol or intoxicating substances
• Not prohibited by state or federal law from receiving a firearm

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.

No Reciprocity

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.

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Extreme Risk Protective Orders (ERPO)

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.

Who Can File an ERPO

A petition may be filed by a:

• Spouse or cohabitant
• Relative by blood, marriage, or adoption
• Person with children in common
• Current dating or intimate partner
• Current or former legal guardian
• Law enforcement officer
• Medical professional who has examined the respondent (physician, psychologist, clinical social worker, licensed clinical professional counselor, psychiatric nurse practitioner, or health officer)

Grounds for an ERPO

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:

• Alarming behavior and statements
• Unlawful firearm possession
• Reckless or negligent firearm use
• Violence or threats of violence to self or others
• Violating peace or protective orders
• Drug and/or alcohol abuse
• Information contained in health records

Duration of ERPOs

Firearm Surrender Requirements

• If served personally by a law enforcement officer, the respondent must immediately surrender all firearms.
• If served by mail, the respondent must contact the designated law enforcement agency and arrange for immediate surrender.
• When transporting a firearm for surrender: notify the law enforcement unit, ensure the firearm is unloaded, transport directly to the station, and carry a copy of the ERPO.

Return of Firearms

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:

• 14 days after expiration of an Interim or Temporary ERPO
• 14 days after a court terminates a Final ERPO
• 48 hours after expiration of a Final ERPO

Violations

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.

Confidentiality

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.

Filing Fees

There are no filing fees, service fees, or appeal fees for Extreme Risk Protective Orders.

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Prohibited Use of Force

• A person may not use force in retaliation or as punishment — force is only justified to prevent imminent harm.
• A person who is the initial aggressor generally cannot claim self-defense unless they have clearly withdrawn from the encounter and communicated that withdrawal to the other party.
• Use of excessive force (force disproportionate to the threat) is not legally justified and may result in criminal charges.
• Deadly force may not be used to resist an arrest by a person known to be a law enforcement officer, even if the arrest is unlawful.

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Prohibited Persons — Firearm Possession

State Prohibitions (MD Public Safety Code Ann. § 5-133 and § 5-118)

A person may not possess a regulated firearm if the person:

• Has been convicted of a crime of violence
• Has been convicted of certain drug offenses under MD Criminal Law Code Ann. §§ 5-602 through 5-614
• Has been convicted of a common law crime and received a term of imprisonment of more than 2 years
• Is a fugitive from justice
• Is a habitual drunkard (defined as a person found guilty of three DUI offenses under Transportation Article § 21-902, one within the past year)
• Is a habitual user of controlled dangerous substances (defined as a person found guilty of two CDS crimes, one within the past 5 years)
• Is addicted to a controlled dangerous substance
• Suffers from a mental disorder with a history of violent behavior
• Has been found incompetent to stand trial or not criminally responsible
• Has been voluntarily admitted for more than 30 consecutive days to a mental health facility
• Has been involuntarily committed to a mental health facility
• Is under the protection of a court-appointed guardian (except when solely due to physical disability)
• Is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article, or against whom an order for protection issued by another state or Native American tribe is in effect under § 4-508.1
• If under age 30, was adjudicated delinquent for an act that would be a disqualifying crime if committed by an adult

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.

Ammunition Possession (MD Public Safety Code Ann. § 5-133.1)

A person prohibited from possessing a regulated firearm under § 5-133 is also prohibited from possessing ammunition.

Straw Purchases (MD Public Safety Code Ann. § 5-136)

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.

Cannabis Users and Firearm Possession

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.

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Firearm Storage Around Children (MD Criminal Law Code Ann. § 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 would gain access to the firearm.

• Child is defined as an individual under 16 years of age
• Firearm includes but is not limited to a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun

Exceptions — This section does not apply if:

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

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Regulated Firearm Purchase Restrictions

Seven-Day Waiting Period (MD Public Safety Code Ann. § 5-123)

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.

One-Purchase-Per-30-Days Limit (MD Public Safety Code Ann. § 5-128)

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.

New Resident Registration Requirement

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.

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Interaction with Law Enforcement While Carrying

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:

• Carry their Wear and Carry Permit on their person at all times when carrying, wearing, or transporting a handgun (§ 5-308)
• Present the permit if requested by a law enforcement officer
• Comply with all lawful orders from law enforcement
• Avoid sudden movements that could be interpreted as threatening

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.

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Key Statute Reference Table