Omar Bennett
Maryland is not a constitutional carry state, meaning that no state resident or visitor may carry a firearm in public without a permit. The Constitution of Maryland contains no provision protecting the right for individuals to keep and bear arms. In fact, as of October 1, 2023, open carry is prohibited. However, concealed carry is legal with a CCW permit. Maryland imposes stringent permitting requirements, and the penalties for carrying a handgun without a valid permit can include fines, imprisonment, and forfeiture of the handgun.
| Characteristics | Values |
|---|---|
| Constitutional provision for the right to bear arms | No |
| Open carry | Prohibited |
| Concealed carry | Legal with a CCW permit |
| Minimum age for obtaining a WCHP | 21 years (18 years for employment purposes) |
| Training requirements for WCHP | 16-hour firearms training course with live-fire training |
| Renewal requirements for WCHP | Additional 8 hours of training |
| Permit validity | 2 years |
| Permit renewal period | 3 years |
| Permit recognition by other states | No |
| Duty to retreat | Yes |
| Right to use deadly force | Allowed if in imminent danger of serious or fatal bodily harm |
| Notification requirement for carrying a concealed firearm | No |
| Firearm transportation requirements | Must be unloaded and stored in a special case not accessible to passengers |
| Magazine capacity restriction | 10 rounds |
| Purchase restrictions | Background check, safety training, fingerprinting, and waiting period |
| Sale restrictions | Ban on certain semi-automatic firearms and unfinished frames/receivers |
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What You'll Learn
Maryland is not a constitutional carry state
Maryland is not a "constitutional carry" state. This means that no state resident or visitor may carry a firearm in public—openly or concealed—without a permit. Even with a Maryland Wear and Carry Permit (WCHP), no one in Maryland can carry any firearm larger than a handgun in public. In most cases, people in Maryland can only carry firearms in personal vehicles if they have a Maryland WCHP.
Maryland has no constitutional provision granting a right to bear arms. The state's constitution contains no provision protecting the right of individuals to keep and bear arms. The state preempts some local firearm regulations, though local governments may regulate firearms with respect to minors and areas of public assembly. Annapolis, Anne Arundel County, Montgomery County, Gaithersburg, and Baltimore are known to have local firearm regulations.
Maryland generally prohibits wearing, carrying, or transporting a handgun, whether concealed or open, without a permit. This prohibition does not apply 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. To obtain a WCHP, applicants must be at least 21 years old (or 18 years old for employment purposes only). For each category, additional documents are required. WCHPs require a state-approved 16-hour firearms training course that includes live-fire training. An additional eight hours of training is required at each WCHP renewal.
Maryland imposes strict restrictions on transporting firearms in motor vehicles without a permit, generally requiring the firearm to be unloaded and stored in a special case not accessible by any vehicle passenger during transit. The state also restricts the creation, selling, purchasing, or possession of firearm magazines with a capacity of over 10 rounds. This law does not pertain to law enforcement officers.
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Maryland's strict permitting requirements
Maryland is not a "constitutional carry" state, meaning that no state resident or visitor may carry a firearm in public—openly or concealed—without a permit. Maryland Wear and Carry Handgun Permits (WCHPs) are issued to residents and non-residents, but they are subject to strict permitting requirements.
Firstly, applicants must be at least 21 years old (or 18 years old for employment purposes only). Applicants must also pass a background check and complete a state-approved 16-hour firearms training course that includes live-fire training. An additional eight hours of training is required at each WCHP renewal.
Furthermore, Maryland has established a handgun roster that lists the only handguns that dealers or any private sellers are allowed to sell in the state. There are also strict restrictions on transporting firearms in motor vehicles without a permit, generally requiring the firearm to be unloaded and stored in a special case not accessible by any vehicle passenger during transit.
Maryland also restricts the creation, selling, purchasing, or possession of firearm magazines with a capacity of over 10 rounds. This law does not pertain to law enforcement officers, and there are exceptions for tubular magazines in 22-caliber rifles.
In 2023, Maryland strengthened its requirements to obtain a concealed carry permit. As of October 1, 2023, applicants must have no felony convictions or misdemeanor convictions for which a sentence of imprisonment for more than one year has been imposed (unless pardoned or the conviction is relieved). If under 30, applicants must have no adjudications of delinquency in a juvenile court for any act that would be considered a felony or "crime of violence" if committed by an adult.
Additionally, MD Code, Criminal Law, § 4-209 gives local jurisdictions the authority to create their own prohibitions on where firearms may be carried or possessed and by whom. Permit holders should be aware of MD Code, Criminal Law, § 4-206, which guides how law enforcement officers may determine whether an individual is armed legally.
Maryland does not honor permits from any other states, and there are various places where carrying a firearm is prohibited, including rest areas and state parks.
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Maryland's duty to retreat
Maryland is a duty-to-retreat state. This means that, in accordance with common law, individuals who are able to do so must retreat or avoid danger before using deadly force in self-defence outside their homes. However, if a person is in their home, Maryland's duty-to-retreat law does not apply, and they may stand their ground and defend themselves.
The duty-to-retreat law in Maryland has been a topic of debate and discussion, with some proponents believing that it creates obstacles for victims who want to fight back to avoid serious bodily harm or death. The concept of justifiable self-defence is crucial in Maryland, especially in cases of homicide. According to the landmark case State v. Faulkner, the prosecution must prove that the defendant did not act in self-defence, while the defendant must provide evidence to support their claim.
In the case of Baltimore Transit Co. v. Faulkner (1941), the Court of Appeals of Maryland set forth the general common law principles of the doctrine of self-defence. The law of self-defence justifies an act done in the reasonable belief of immediate danger. If a defendant injures or kills someone in justifiable self-defence, they cannot be punished criminally or held responsible for damages in a civil action. However, the defendant must show that they used no more force than was reasonably necessary.
Maryland's duty-to-retreat law requires individuals to make all reasonable efforts to retreat or avoid danger before resorting to deadly force. This duty does not apply if the defendant was in their home, if retreating would be unsafe, if the avenue of retreat was unknown, if the defendant was being robbed, or if the defendant was lawfully arresting the victim.
While Maryland's duty-to-retreat law prioritises retreat and avoidance of danger, it is important to note that individuals are legally permitted to use deadly force in self-defence when faced with an immediate or imminent danger of serious or fatal bodily harm.
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Maryland's ban on open carry
Maryland is not a "constitutional carry" state, meaning that no state resident or visitor may carry a firearm in public without a permit. In addition, Maryland does not honor permits from any other states.
Maryland generally prohibits carrying, wearing, or transporting a handgun, whether concealed or in the open, without a permit. This prohibition does not apply to real estate that the person owns or leases, their residence, or a business they own or lease.
In 2023, Maryland strengthened its requirements to obtain a concealed carry permit. As of October 1, 2023, open carry was prohibited. To obtain a Wear and Carry Permit (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, and an additional eight hours of training for each WCHP renewal.
Maryland does ban a specific list of assault weapons, as well as magazines with a capacity of over 10 rounds. The state also requires that handgun purchasers pass a background check and a training class in order to obtain a handgun license.
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Maryland's gun law exceptions
Maryland is not a "constitutional carry" state, meaning that no state resident or visitor may carry a firearm in public—openly or concealed—without a permit. Maryland does not honor permits from any other states. The state has a lot of laws on guns and is considered one of the most restrictive states in the nation regarding gun laws.
Maryland generally prohibits wearing, carrying, or transporting a handgun, whether concealed or open, without a permit. This prohibition does not apply when on real estate that the person owns or leases, or within the confines of a business establishment that the person owns or leases. In addition, there are exceptions to the prohibition on transporting firearms, including:
- Traveling between a residence or business that one owns or leases.
- Traveling to and from target practice, a sport-shooting event, hunting, trapping, or dog obedience training.
- Being a gun collector transporting their collection.
Maryland also has strict restrictions on transporting firearms in motor vehicles. Firearms must be unloaded and stored in a special case not accessible by any vehicle passenger during transit.
In 2022, the Supreme Court made concealed carry legal in all 50 states with the Bruen opinion. In response, Maryland, along with some other states, created new gun laws. As of October 1, 2023, any person wishing to obtain a handgun carry permit must:
- Be at least 21 years old (or 18 years old for employment purposes only).
- Have no felony convictions or misdemeanor convictions for which a sentence of imprisonment for more than one year has been imposed (unless pardoned or the conviction was successfully petitioned).
- If under 30, have no adjudications of delinquency in a juvenile court for any act that would be a felony or "crime of violence" if committed by an adult or for any misdemeanor carrying a statutory penalty of two years or more, and have never been committed to a juvenile facility.
- Have completed a state-approved 16-hour firearms training course that includes live-fire training.
- Have no history of violent behavior or a propensity for violence or instability that may reasonably render the possession of a handgun dangerous.
- Meet all federal and state requirements to possess a handgun, as outlined in the Maryland Prohibited Purchasers Generally section.
- Not suffer from a "mental disorder," as defined, and not have a history of violent behavior.
- Not have been involuntarily admitted for more than 30 consecutive days to a mental health treatment facility.
- Not have any other type of current court order prohibiting the person from purchasing or possessing firearms.
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Frequently asked questions
No, Maryland does not have a constitutional provision granting a right to bear arms. It is not a constitutional carry state, meaning that no state resident or visitor may carry a firearm in public without a permit.
In Maryland, to obtain a Wear and Carry Permit (WCHP), applicants must be at least 21 years old (or 18 years old for employment purposes only). Applicants must also complete a state-approved 16-hour firearms training course that includes live-fire training, as well as meet other federal and state requirements.
In Maryland, individuals can only carry handguns in public if they have a Maryland WCHP. Additionally, they can only carry firearms in their personal vehicles if they have this permit, and the firearm must be unloaded and stored in a special case not accessible by any vehicle passenger. Open carry is prohibited as of October 1, 2023.
The penalties for carrying a handgun without a valid permit in Maryland can include hefty fines, imprisonment, and the forfeiture of the handgun.
