Know the Laws: Maryland

UPDATED June 15, 2007

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WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. To find a shelter or an advocate at a local program, please visit the MD State and Local Programs page.

• Basic Info
  • I am a victim of domestic violence and my abuser has a gun. Do I have legal options for getting the gun away from my abuser?
• Guns and Protective Orders
• More Information and Where to Get Help
• Guns and Criminal Convictions

Basic Info

back to topI am a victim of domestic violence and my abuser has a gun. Do I have legal options for getting the gun away from my abuser?

Yes. If you have a Protective Order against your abuser, or if your abuser has been convicted of a felony or domestic violence misdemeanor, then Federal law states that it is illegal for your abuser to buy, own or have a gun in their possession. *
In addition, MD state law says that a person cannot have or buy a gun if:

• s/he has been convicted of a felony,
• is a fugitive from justice,
• an alcoholic or a drug addict,
• has a mental disorder,
• has been confined to a mental facility, or
• is subject to an active non-ex parte restraining order. **   

Note: There are certain requirements that your Protective Order must meet for it to qualify under Federal law. See the next question to read more about what those requirements are.  If you are not sure if your abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?

To read the definition of a felony, see What is the definition of a felony?

* 18 USC § 922(g)(8) & (9)
** Maryland Code §5-133(b)

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