· gun laws · 11 min read

Maryland Concealed Carry Firearm Laws

Maryland: Gun Laws Summary

Maryland gun laws require a permit to purchase, a background check, and firearms registration to buy a handgun from a private individual. Private firearms sellers must process transfers of handguns and assault weapons through a licensed dealer or designated law enforcement agency, who then conducts a background check. [Md. Code Ann., Pub. Safety § 5-118]

Open and concealed carry are legal in Maryland only for Maryland Wear/Carry Handgun Permit (WCHP) holders. In order to obtain a WCHP, applicants must be at least 21 years old (or 18 years old for employment purposes only). WCHPs require a state-approved 16-hour firearms training course that includes live-fire training. [Md. Code Ann., Pub. Safety § 5-306]

Self-Defense

Maryland follows common law principles making it a Castle Doctrine state. There is a duty to retreat, requiring people who are outside of their homes to retreat or avoid danger if possible before using deadly force to defend themselves. Deadly force is only legal when defending one’s self from the immediate threat of serious injury or death. [Md. Code Ann., Crim. Law § 4-101]

Conditions for using deadly force

A person must have reasonable grounds to believe themselves in apparent imminent or immediate danger of death or serious bodily harm from their assailant or potential assailant, must have in fact believed themselves in this danger, must not have been the aggressor or provoked the conflict, and the force used must have not been unreasonable and excessive. [Md. Code Ann., Crim. Law § 2-503]

Protection against liability for using deadly force

A person is not liable for damages for a personal injury or death of an individual who enters the person’s dwelling or place of business if the person reasonably believes that force or deadly force is necessary to repel an attack by the individual and the amount and nature of the force used by the person is reasonable under the circumstances. [Md. Code Ann., Courts and Judicial Proceedings § 5-808]

Maryland: Gun Laws at a Glance

Is it legal to buy or use chemical spray/pepper spray in Maryland?Yes, individuals may carry pepper spray or mace as a reasonable precaution against possible danger. [Md. Code Ann., Crim. Law § 4-101(b)(4)] In order to purchase pepper spray in Baltimore you must be at least 18 years old and not be a convicted felon.
Is open carry permitted in Maryland?Yes. Open carry is allowed with a Maryland WCHP.
Does Maryland have ammunition restrictions?No. Maryland does not have ammunition restrictions.
Does Maryland allow constitutional carry?No. Maryland does not allow constitutional carry.
If Maryland requires a permit to carry a concealed firearm, how are those permits issued?Maryland is a now a shall-issue state.
What is the minimum age in Maryland to get a concealed carry permit?You must be at least 21 years old (or 18 years old for employment purposes only) to get a concealed carry permit in Maryland.
Can you concealed carry weapons other than handguns in Maryland with a concealed carry permit (or under permitless carry if applicable)?No. A person may not carry weapons other than handguns, even with a WCHP.
Does Maryland have magazine capacity restrictions for handguns?No more than 10 rounds. A person may not manufacture, sell, offer for sale, purchase, receive or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm. Possession is not addressed in the statute. There is an exemption for .22 caliber rifles with tubular magazines and for law enforcement officers (LEOs) and retired LEOs. [Md. Code Ann., Crim. Law § 4-305]
Is it legal to own a taser or stun gun in Maryland?Yes, except as noted below, stun guns and Tasers are legal to purchase and possess without a permit. The minimum age to purchase is 18 years old, and a background check is required to verify that the purchaser has not been convicted of specific crimes. [Md. Code Ann., Crim. Law § 4-109] Under Maryland law, it’s illegal to carry a dangerous weapon unless you: are a public official authorized to carry the weapon; have a permit to carry a handgun; or are carrying the weapon as a reasonable precaution against perceived danger and don’t intend to hurt someone else in an unlawful way. Although the law does not specifically mention electronic control devices, they could be considered dangerous weapons. It is illegal to possess Tasers and stun guns in public schools, State public buildings and City public buildings in the City of Baltimore. [City of Baltimore Police Ordinance § 59-28] A Maryland Wear/Carry Handgun Permit is required to possess a stun gun or Taser anywhere other than in your own home in Ocean City. [Ocean City Ordinance Sec. 58-162]

Maryland: Carry Locations

Can you carry or possess a firearm on hotel property in Maryland?An innkeeper may refuse to provide lodging or services to, or may remove from a lodging establishment an individual who the innkeeper reasonably believes possesses property that may be dangerous to other individuals, such as firearms or explosives. The individual hotel should be contacted to inquire about its concealed carry policy. See the Handguns at Hotels page for additional information. [Md. Code Ann., Bus. Reg. § 15-203(a)6]
Can you carry a concealed handgun in a vehicle in Maryland?Only with a Maryland WCHP. Without a permit, Maryland has restrictions for legal transport of firearms within/through Maryland. Handguns can only be transported between residences, to and from a repair shop, a shooting sporting event or between a residence and place of business if substantially owned and operated by the person. For interstate transportation, firearms must be unloaded and in an enclosed case or enclosed holster with neither the firearm nor any ammunition readily accessible or directly accessible from the passenger compartment. In the case the vehicle does not have a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked compartment other than the glove compartment or console. [Md. Code Ann., Crim. Law § 4-203(b)(2)]
Can you carry a concealed firearm at roadside rest areas in Maryland?No. State Highway Rest Areas are prohibited, unless properly secured within the vehicle. [(COMAR 11.04.07.12)]
Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Maryland?No for state/national parks and state/national forests. [Md. Admin. Code § 08.01.07.14 and 08.07.06.04] Yes, with a Maryland WCHP for WMAs. [Md. Admin. Code § 10-408(d)]
Can you carry a concealed firearm in bars and restaurants that serve alcohol in Maryland?Yes, there is no statute making it illegal to concealed carry with a Maryland WCHP, unless posted and provided you are not under the influence. **Beginning 10/01/23, locations licensed to sell or dispense alcohol or cannabis for on-site consumption will be prohibited.**​
Does Maryland have laws relating to storing firearms in private vehicles in an employee parking lot?Not addressed in Maryland state law, although employers may have a policy.

Maryland: Key State Laws

Does Maryland issue concealed carry permits to non-residents?Yes. Maryland grants permits to non-residents. [source]
Does Maryland allow the public to access concealed carry registry information through public records law?No. Maryland does not permit the public access to concealed carry registry information. [source]
Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Maryland?No. There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in Maryland. [source]
Is my Maryland driver’s license linked to my Maryland carry permit?No. Your Maryland driver’s license is not linked to your Maryland wear/carry handgun permit. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry permit holder immediately when they run your driver’s license. [source]
Does Maryland have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?Yes. There is full state preemption of all gun laws. [Md. Code Ann., Crim. Law § 4-209] Municipalities may regulate firearms and ammunition in, or within 100 yards of, a park, church, school, public building and other place of public assembly.
Does Maryland have a red flag law?Yes, Maryland has a red flag law. A variety of people, including family members, cohabitants, medical professionals and law enforcement are allowed to petition for an order to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim &/or final extreme risk protection order. [Md. Code Ann., Pub. Safety § 5-601(E)(2)]
Does Maryland state law define brandishing?No definition of brandishing was found in Maryland law. [Md. Code. Ann. Crim. Law § 3-202] A person may not intentionally cause or attempt to cause serious physical injury to another. A person may not commit an assault with a firearm, including a handgun, antique firearm, rifle, shotgun, short-barreled shotgun or short-barreled rifle.
If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense.No. Not mentioned in state statutes.
Does Maryland have laws regarding carrying a concealed firearm while using alcohol or drugs?Not while under the influence of alcohol or drugs. [Md. Admin. Code §5–314] As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.

Maryland: Handgun Purchase and Possession

Background Checks for Private Gun SalesYes. Private firearms sellers must process transfers of handguns through a licensed dealer or designated law enforcement agency, who are required to conduct a background check. In addition, no regulated firearm transfers may be made to any person whom the private seller knows or has a reasonable cause to believe is a prohibited purchaser under state law. Private sellers of regulated firearms must also forward completed transaction information to the secretary of state’s office within seven days after a regulated firearm transfer.Md. Code Ann., Pub. Safety § 5-124
Background Check Exemption for Current Concealed Carry Permit HoldersNo.NRA-ILA
Handgun Permit RequirementYes, for handguns. A valid Handgun Qualification License (HQL) is required to purchase, rent or transfer ownership of a regulated firearm. In addition, a person may not purchase more than one regulated firearm in a 30-day period, although there are several exemptions.NRA-ILA
Handgun Waiting PeriodYes. Seven days for handguns and assault weapons.NRA-ILA
Handgun RegistrationYes, for handguns. New Maryland residents must register all regulated firearms with the Secretary of the Maryland Department of State Police within 90 days after establishing residency.NRA-ILA
Maryland Handgun RosterNo person may manufacture, sell or offer for sale in the state a handgun manufactured after January 1, 1985, that is not included on the handgun roster.MD Handgun RosterMd. Code Ann., Pub. Safety § 5-601Md. Code Ann., Pub. Safety § 5-406
Minimum Age for Handgun Possession and Transport21 years old.Md. Code Ann., Pub. Safety § 5-133(d)(1)
Handgun Possession Without a PermitYes. Anyone legally entitled to carry a firearm may possess a firearm on real estate that the person owns or leases, where the person resides, or within the confines of a business establishment that the person owns or leases.Md. Code Ann., Crim. Law § 4-203(b)(6)
Handgun Purchase ProcessTo purchase, rent or transfer ownership of a regulated firearm in Maryland, which includes handguns, you must possess a valid Handgun Qualification License (HQL). You must apply for this license online through the Maryland State Police web portal. Physical applications are not accepted.1. Within 3 years prior to obtaining a HQL, an applicant must complete a Firearms Safety Training Course taught by a state-approved Qualified Handgun Instructor. A USCCA Certified Instructor-led course can meet the qualifications for a Maryland Firearms Safety Training Course if the instructor is also licensed through the state. You can also search for an instructor near you. This training course may be waived if you are a veteran of the U.S. military, a qualified handgun instructor, a lawful owner of a regulated firearm or if you have completed a Maryland DNR Hunter’s Safety Course.
  1. Fingerprinting is also required before you can submit your HQL application unless you already possess a Maryland Wear and Carry Permit. Complete your online HQL application and pay the necessary fees. Upon approval, the state of Maryland will mail your HQL to you within 30 days. A HQL is valid for 10 years.
  2. Complete the Maryland State Police Application and Affidavit to Purchase a Regulated Firearm (MSP 77R) Form using the Maryland State Police Licensing Portal. Physical applications are not accepted. A valid email address is necessary to complete the form. After submitting your application you will get an email with an application number and a PIN number.
  3. Bring both the application number and PIN number to a Maryland State Police Barracks or a Maryland Regulated Firearm Dealer to finish the application process. The State Police/Dealer will complete the application and submit it to the state Licensing Division.
  4. After submitting your application, you must wait 7 days, after which you will get an email notifying you if you have been approved. Upon approval, you can purchase or transfer ownership of a firearm through a Federal Firearms Licensee (FFL).

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