Firearm Offenses

This page provides background information regarding three categories of Maryland’s many and varied criminal offenses relating to firearms. This page should not be relied upon as legal advice for any specific situation. It is important to be aware that in addition to the Maryland penalties for firearm violations, there may also be overlapping federal offenses as well. Recent United States Supreme Court decisions, including New York Rifle & Pistol Association v. Bruen, interpreting the Second Amendment of the United States Bill of Rights, may offer the possibility of new and significant constitutional defenses to criminal accusations. However, the Bruen decision may only provide relief in very limited circumstances. If you have a situation you would like to discuss, please call David Martella and Raquel Smith at 301-251-9001.

Possession of a Regulated Firearm

The crime of possession of a regulated firearm in Maryland is taken very seriously by the state’s law enforcement agencies and the court system. It is a criminal offense to knowingly possess, control, transport, or use a regulated firearm if you are prohibited from doing so by law. This includes cases where

• a person is under the age of 21,
• the defendant has been convicted of a felony or a crime of violence,
• the defendant has been convicted of a crime for which the potential sentence is more than two years,
• the defendant received a PBJ for a crime of violence,
• the defendant received a PBJ for a domestically related offense (domestic violence),
• a fugitive from justice, is a habitual drunkard or addicted to drugs, and other . The penalties for this crime can be severe, including hefty fines and possible imprisonment.

A regulated firearm generally includes a handgun and certain assault style rifles. For a 2024 list of regulated firearms, scroll down to the end of this page.

Generally speaking there are two different versions of this offense. One version makes it a crime to possess a regulated firearm in Maryland with a prior conviction of a felony or a crime of violence. A conviction of this version may result in mandatory term of imprisonment for at least five years, without the possibilty of parole.

A “Crime of violence” means:

(1) abduction;

(2) arson in the first degree;

(3) assault in the first or second degree;

(4) burglary in the first, second, or third degree;

(5) carjacking and armed carjacking;

(6) escape in the first degree;

(7) kidnapping;

(8) voluntary manslaughter;

(9) maiming as previously proscribed under former Article 27, § 386 of the Code;

(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;

(11) murder in the first or second degree;

(12) rape in the first or second degree;

(13) robbery;

(14) robbery with a dangerous weapon;

(15) sexual offense in the first, second, or third degree;

(16) home invasion under § 6-202(b) of the Criminal Law Article;

(17) a felony offense under Title 3, Subtitle 11 of the Criminal Law Article;

(18) an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or

(19) assault with intent to commit any of the crimes listed in items (1) through (17) of this subsection or a crime punishable by imprisonment for more than 1 year.

A conviction of all other versions of the offense has a maximum penalty of five years of imprisonment. However, the judge is not required to impose the five years to serve in prison. Any jail time ordered with this version may have the possibility of early release on parole.

For anyone facing such charges, it is crucial to seek legal advice immediately. At Barry H. Helfand & David Martella, we have a proven track record in defending our clients against these and similar charges. Contact us at (301) 251-9001 for a consultation.

Use of a Firearm During a Felony or Crime of Violence

If someone uses a firearm to commit a felony and/or a crime of violence, the defendant may be charged with a separate offense known as “Use of a handgun or antique firearm in commission of a crime.” This charge may apply if the offender uses a handgun and any “antique firearm, handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, starter gun, or any other firearm, whether loaded or unloaded,” as provided in section 4-204 of the Maryland Criminal Law Article.

Although the crime is a misdemeanor, it comes with a severe penalty: a mandatory minimum of five years in prison without the possibility of parole. The maximum penalty is 20 years. This means that a sentencing judge is required by law to send the defendant to prison for no less that 5 years. A person in Maryland can be charged with this offense even if he or she did not actually brandish or possess a firearm during a crime. For example, if two people go into a store to rob the cashier, and one has a gun, and the other does not, both defendants can be charged with use of a gun. This is because, in Maryland, all accomplices to a crime are generally held responsible for all the acts committed by each accomplice in furtherance of the crime.

Crime of violence, for purposes of this charge, include the following:

(1) abduction;

(2) arson in the first degree;

(3) assault in the first or second degree;

(4) burglary in the first, second, or third degree;

(5) carjacking and armed carjacking;

(6) escape in the first degree;

(7) kidnapping;

(8) voluntary manslaughter;

(9) maiming as previously proscribed under former Article 27, § 386 of the Code;

(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;

(11) murder in the first or second degree;

(12) rape in the first or second degree;

(13) robbery;

(14) robbery with a dangerous weapon;

(15) sexual offense in the first, second, or third degree;

(16) home invasion under § 6-202(b) of the Criminal Law Article;

(17) a felony offense under Title 3, Subtitle 11 of the Criminal Law Article;

(18) an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or

(19) assault with intent to commit any of the crimes listed in items (1) through (17) of this subsection or a crime punishable by imprisonment for more than 1 year.

Transporting a Firearm

Maryland law generally requires that firearms being transported in a vehicle be unloaded, in an enclosed case or a secure gun box, and inaccessible to the driver or passengers. In practical terms, this usually means firearms should be placed in a vehicle’s trunk or another compartment separate from passengers. For handguns, the rules are even stricter. The transportation of a handgun without a permit is typically prohibited unless the individual is traveling to an authorized location like a shooting range, place of repair, or the owner’s home. In these instances, the firearm must be unloaded and carried in a secure, enclosed container.

While Maryland has strict transportation regulations, there are allowances for individuals with the proper permits. For instance, those with a Maryland Wear and Carry Permit can transport a loaded handgun in a vehicle, provided it’s securely holstered. However, obtaining such a permit in Maryland requires undergoing an extensive application process, including a background check, fingerprinting, and sometimes mandatory firearms training. Maryland’s restrictive approach to issuing permits reflects the state’s overall emphasis on tightly regulating the public handling of firearms.

Violating Maryland’s firearm transportation laws can result in significant penalties. Penalties vary based on the type of firearm involved, the circumstances of the offense, and the individual’s criminal history. Generally, transporting a handgun without the proper authorization or in violation of transport rules is a misdemeanor offense in Maryland. First-time offenders may face up to three years in prison and a fine of up to $2,500. Repeat offenders can receive even harsher sentences, reflecting the state’s intent to deter illegal gun handling.

For transporting regulated firearms, such as assault weapons, without following Maryland’s guidelines, penalties can escalate. Such offenses may lead to both criminal charges and confiscation of the weapon. Additionally, unauthorized transport of firearms across state lines may invoke federal penalties under laws like the Gun Control Act of 1968.

Gun owners can avoid criminal charges by strictly adhering to Maryland’s firearm transportation guidelines. This means taking steps such as keeping firearms unloaded, placing them in a secure container, and planning direct routes when transporting firearms. Staying informed about local, state, and federal gun laws is essential, as firearm transportation regulations can vary significantly across jurisdictions.

Possession of an Unregistered Firearm

Possession of an unregistered firearm is a serious offense in Maryland, a state known for its strict firearm regulations aimed at promoting public safety. Maryland has established stringent firearm registration requirements, especially concerning handguns and regulated firearms, and violators can face significant legal penalties. This essay examines the crime of possessing an unregistered firearm in Maryland, the legal context surrounding firearm registration, the penalties for violations, and the broader implications of these regulations.

Maryland’s firearm laws, outlined in the Maryland Code, Public Safety Article, Title 5, are some of the strictest in the United States. While federal law mandates background checks and other restrictions on firearm sales, Maryland has gone further, imposing its own registration requirements for certain types of firearms. Not all firearms require registration in Maryland, but handguns and regulated firearms, which include assault weapons, do require specific licensing and registration.

Maryland law does not require owners of long guns, such as shotguns and rifles, to register these firearms, although certain exceptions apply, particularly when dealing with regulated firearms. Maryland residents must complete a background check, obtain a Handgun Qualification License (HQL), and register the handgun with the Maryland State Police. This process also includes mandatory fingerprinting and a firearm safety training course. By enforcing these registration and licensing requirements, Maryland aims to monitor gun ownership more effectively and reduce illegal firearm circulation.

In Maryland, possessing an unregistered firearm, especially a handgun or regulated firearm, is a crime that can lead to serious legal consequences. Possession of an unregistered handgun is a common issue due to Maryland’s strict guidelines surrounding handgun ownership. Anyone caught with an unregistered handgun who does not possess an HQL or has not undergone the proper background checks is committing a criminal offense. Maryland law categorizes this offense as a misdemeanor, but penalties can escalate depending on the type of firearm, the owner’s criminal history, and whether the firearm was used in the commission of another crime.

For instance, someone with a clean record found with an unregistered handgun may face lighter penalties than a repeat offender or someone discovered with an unregistered firearm while committing a separate crime. Law enforcement officers frequently emphasize the importance of firearm registration and licensing in Maryland’s densely populated areas, where unregistered firearms are more likely to be used in violent crimes.

The penalties for possessing an unregistered firearm in Maryland can be severe, particularly for handguns and regulated firearms. First-time offenders caught with an unregistered handgun can face up to three years in prison and fines of up to $2,500. However, if the unregistered firearm is connected to violent criminal activity, penalties may include longer prison sentences and higher fines, as the law is intended to curb gun violence and prevent illegal firearm use.

In cases involving assault weapons or other regulated firearms, the penalties may increase. Maryland takes a particularly hard stance on unregistered assault weapons, which the state views as especially dangerous due to their potential for rapid-fire use. The possession of an unregistered regulated firearm may lead to felony charges in certain circumstances, resulting in prison time exceeding five years and steep financial penalties.

Possessing an unregistered firearm in Maryland has long-term implications beyond the immediate legal penalties. Individuals convicted of firearm-related crimes may lose the right to own or possess firearms permanently. Under federal law, convicted felons are generally prohibited from possessing firearms, meaning that even a single conviction for possessing an unregistered firearm can result in a lifetime firearm ban. Additionally, firearm-related convictions can complicate employment prospects, especially for positions requiring security clearances or background checks.

For non-U.S. citizens, firearm-related convictions can severely impact immigration status, including eligibility for permanent residency or citizenship. A firearm conviction, particularly involving an unregistered weapon, may render non-citizens deportable or inadmissible, posing a significant threat to their ability to remain in the United States.

Firearm owners in Maryland can avoid criminal charges by staying informed about registration requirements and completing the necessary legal steps. Compliance includes obtaining an HQL, undergoing required training, submitting fingerprints, and registering any handguns or regulated firearms. Gun owners should also be cautious when purchasing firearms from other states, as Maryland’s firearm laws differ significantly from federal and neighboring states’ laws.

Additionally, Maryland residents should be aware that the laws surrounding firearm registration are regularly updated, and staying informed about changes is essential to maintaining compliance. By adhering to Maryland’s registration laws, gun owners contribute to the state’s safety initiatives and avoid criminal liability.

List of Regulated Firearms in Maryland as of October 2024

(r) “Regulated firearm” means:

(1) a handgun; or

(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:

(i) American Arms Spectre da Semiautomatic carbine;

(ii) AK-47 in all forms;

(iii) Algimec AGM-1 type semi-auto;

(iv) AR 100 type semi-auto;

(v) AR 180 type semi-auto;

(vi) Argentine L.S.R. semi-auto;

(vii) Australian Automatic Arms SAR type semi-auto;

(viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics;

(ix) Barrett light .50 cal. semi-auto;

(x) Beretta AR70 type semi-auto;

(xi) Bushmaster semi-auto rifle;

(xii) Calico models M-100 and M-900;

(xiii) CIS SR 88 type semi-auto;

(xiv) Claridge HI TEC C-9 carbines;

(xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle;

(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2;

(xvii) Dragunov Chinese made semi-auto;

(xviii) Famas semi-auto (.223 caliber);

(xix) Feather AT-9 semi-auto;

(xx) FN LAR and FN FAL assault rifle;

(xxi) FNC semi-auto type carbine;

(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;

(xxiii) Steyr-AUG-SA semi-auto;

(xxiv) Galil models AR and ARM semi-auto;

(xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3;

(xxvi) Holmes model 88 shotgun;

(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;

(xxviii) Manchester Arms “Commando” MK-45, MK-9;

(xxix) Mandell TAC-1 semi-auto carbine;

(xxx) Mossberg model 500 Bullpup assault shotgun;

(xxxi) Sterling Mark 6;

(xxxii) P.A.W.S. carbine;

(xxxiii) Ruger mini-14 folding stock model (.223 caliber);

(xxxiv) SIG 550/551 assault rifle (.223 caliber);

(xxxv) SKS with detachable magazine;

(xxxvi) AP-74 Commando type semi-auto;

(xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand;

(xxxviii) Street sweeper assault type shotgun;

(xxxix) Striker 12 assault shotgun in all formats;

(xl) Unique F11 semi-auto type;

(xli) Daewoo USAS 12 semi-auto shotgun;

(xlii) UZI 9mm carbine or rifle;

(xliii) Valmet M-76 and M-78 semi-auto;

(xliv) Weaver Arms “Nighthawk” semi-auto carbine; or

(xlv) Wilkinson Arms 9mm semi-auto “Terry”.