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Legal Information: Maryland

State Gun Laws

Laws current as of November 27, 2023

If the abuser has been convicted of a crime, can he keep or buy a gun?

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:
  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; or
  9. has been found guilty of driving while intoxicated three times, one of which must have been within the last year.5

Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances. 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 §§ 5-133(b); 5-101(l)