State Gun Laws

Maryland state law says that a person cannot have or buy a gun if s/he:

1. has been convicted of a “disqualifying crime;”¹
2. has been convicted of certain drug-related offenses or firearms-related offenses in Maryland or elsewhere, which are listed in section 5-133(c)(1)(ii) of the Maryland Criminal Code;²
3. has been convicted of a “crime of violence” in Maryland or elsewhere. “Crimes of violence” include any of the following crimes or an attempt to commit any of them:
   
   • abduction;
   • arson in the first degree;
   • assault in the first or second degree;
   • burglary in the first, second, or third degree;
   • carjacking and armed carjacking;
   • escape in the first degree;
   • kidnapping;
   • voluntary manslaughter;
   • maiming;
   • mayhem;
   • murder in the first or second degree;
   • rape in the first or second degree;
   • robbery;
   • robbery with a dangerous weapon;
   • sexual offense in the first, second, or third degree;
   • home invasion;
   • felony sex trafficking;
   • forced marriage; and
   • assault with intent to commit any of the above crimes or a crime punishable by imprisonment for more than one year;³
4. has been convicted on or after October 1, 2023 of the crime of child’s access to firearms in either of the following circumstances:
   • it is the second, third, fourth time, etc., that the person has been convicted of this crime; or
   • it is the first time that the person has been convicted of this crime and it resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another person; Note: In either scenario, the person cannot have a firearm for five years after the date of the conviction;
5. is on supervised probation after being convicted of any of the following:
   • a felony;
   • driving while under the influence or impairment of alcohol or drugs - sections (b) or (c); or
   • violation of a protective order;⁴
6. has been convicted of a violation classified as a common law crime and was sentenced to prison for more than two years;
7. is under the age of 30 and s/he has been found “delinquent” by a juvenile court for an act that would be a disqualifying crime if committed by an adult;
8. is a fugitive from justice;
9. has been found guilty of driving while intoxicated three times, one of which must have been within the last year;
10. is a drug addict;
11. has a mental disorder and has a history of violent behavior against a person;
12. has been found to be “incompetent to stand trial” or “not criminally responsible;”
13. has been voluntarily admitted to a mental facility for more than 30 consecutive days or has been involuntarily committed to a facility for any period of time;
14. is under the protection of a court-appointed guardian, unless the guardian is only because of a physical disability;
15. is subject to an active civil protective order, although not an ex parte one. The order can be from a Maryland court, a court of another state, or a Native American tribe^;5 or
16. s/he is under age 21, although there are some exceptions, listed in section (d) of the statute.⁶

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

¹ MD Code, Public Safety §§ 5-133(b)(1); 5-101(b-1)
² MD Code, Public Safety § 5-133(c)(1)(ii)
³ MD Code, Public Safety §§ 5-133(c)(1)(i); 5-101(c)
⁴ MD Code, Public Safety § 5-133(b)(3), (b)(4), (g)
⁵ MD Code, Public Safety § 5-101(l)
⁶ MD Code, Public Safety § 5-133(d)