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:
- has been convicted of a “disqualifying crime;”1
- 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
- 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
- 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;
- is on supervised probation after being convicted of any of the following:
- has been convicted of a violation classified as a common law crime and was sentenced to prison for more than two years;
- 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;
- is a fugitive from justice; or
- 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)