Navigating Firearm Ownership: A Step-by-Step Guide to Buying a Gun in Maryland

As a resident of Maryland, the process of purchasing a firearm involves adherence to specific regulations and procedures established by state law. Whether you are a first-time gun buyer or looking to add to your collection, understanding the legal requirements is crucial. In this blog post, we'll provide a step-by-step guide on how to buy a gun in Maryland, ensuring a lawful and smooth process.

1. Meet Eligibility Requirements:

   Before initiating the process, ensure that you meet the eligibility criteria for firearm ownership in Maryland. Individuals must be at least 18 years old to purchase a long gun (shotgun or rifle) and 21 years old to purchase a handgun.

2. Complete a Firearm Safety Training Course:

   Maryland law requires first-time handgun buyers to complete a certified firearms safety training course. This course covers essential topics such as firearm safety, state laws, and proper handling and storage.

3. Choose a Licensed Firearm Dealer:

   When purchasing a firearm, you must do so through a licensed dealer in Maryland. Ensure that the dealer is authorized by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and holds a valid Federal Firearms License (FFL).

4. Submit an Application:

   For handgun purchases, you need to complete the Maryland State Police Application to Purchase a Regulated Firearm. This application can be obtained from the licensed dealer or downloaded from the Maryland State Police website.

5. Pass a Background Check:

   As part of the application process, a background check will be conducted to verify your eligibility for firearm ownership. This includes criminal history, mental health status, and other factors that may disqualify an individual from owning a firearm.

6. Waiting Period:

   Maryland has a mandatory seven-day waiting period for handgun purchases. This waiting period allows for the completion of the background check and provides a cooling-off period before taking possession of the firearm.

Buying a gun in Maryland involves a well-defined process designed to uphold safety and accountability. By adhering to the legal requirements and following this step-by-step guide, you can navigate the process smoothly and lawfully. Always stay informed about any updates or changes to Maryland's firearm laws and regulations to ensure responsible firearm ownership. If you have specific questions or concerns, consulting with a knowledgeable attorney can provide additional guidance tailored to your individual circumstances. Contact our office at 240-396-4373 to schedule a consultation with Attorney Morgan E. Leigh.

2nd UPDATE FROM THE COURTS – Maryland’s New Firearm Law

As promised in my last update regarding Maryland’s new firearm laws, portions of which went into effect on October 1st, there are additional updates. For some background, when new laws go into effect, there is often litigation regarding the constitutionality and/or interpretation of these laws in the court system. Many people have very strong feelings about guns one way or the other, so this area is ripe for legal challenges.

Since my last update, there has been an additional change – On October 2, 2023, the United States District Court for Maryland modified its September 29th order. On September 29, 2023, the court issued an injunction, prohibiting Maryland from enforcing several provisions of the new law, including the prohibition against carrying firearms in locations selling alcohol, private buildings, or property without the owner’s consent, and within 1,000 feet of a public demonstration. The provision of the law that prohibits a person from carrying a firearm in a private building or on private property without the owner’s consent may be enforced by Maryland since that provision was not part of the lawsuit challenging the law. Stay tuned for additional updates.

Morgan E. Leigh, Esq.

Markham Law Firm

Click Here to read more about Maryland’s New Firearm Law and previous updates. Call 240-396-4373 to schedule a consultation with Morgan E. Leigh, Esquire.

What You Need to Know About Maryland’s New Firearm Laws Effective October 1, 2023

UPDATE FROM THE COURTS – Maryland’s New Firearm Law

On September 29th, the United States Federal District Court for the District of Maryland issued an injunction, temporarily prohibiting Maryland from enforcing certain provisions of Senate Bill 1, which went into effect on Sunday, October 1st. The lawsuit against Senate Bill 1 requesting preliminary injunctions was granted in part and denied in part. A copy of the order is below this blog update.

What do you need to know about the judge’s order?

This ruling is a temporary court order pending the resolution of the lawsuit – Maryland can appeal the ruling. The order prevents Maryland from enforcing the prohibition against carrying firearms in locations selling alcohol, private buildings or property without the owner’s consent, and within 1,000 feet of a public demonstration. There are sure to be updates so stay tuned.

---

What You Need to Know About Maryland’s New Firearm Laws Effective October 1, 2023

Maryland’s new firearm laws that just went into effect on October 1st make big changes to the current legal landscape. The biggest changes in the law deal with the requirement that handguns must now be carried concealed, limiting the locations where carry permit holders may possess firearms, and imposing restrictions on how firearms are stored. The legislation adds a slew of new definitions and provides for criminal penalties for violations of the new laws. As with any major change in the law, there will no doubt be litigation on the constitutionality and interpretation of these statutes. Stay tuned for updates on the enforcement and interpretation of these laws.

Summary of changes:

• Retired law enforcement officers with permits issued pursuant to the Law Enforcement Officers’ Safety Act must now carry their firearms concealed from view.

• Wear and Carry permit holders must now carry their firearms concealed from view.

• A person may not wear, carry, or transport a firearm in an “area for children or vulnerable individuals.”

  • “[A]n area for children for vulnerable individuals” is defined as:

    • A preschool or kindergarten facility or the grounds of the facility;

    • A private primary or secondary school or the grounds of the school; or

    • A health care facility, as defined in § 15-10B-01(G)(1), (2), (3), and (4) of the insurance article.

• A person may not wear, carry, or transport a firearm in a “government or public infrastructure area.”

  • A “government or public infrastructure area” is defined as:

    • A building or any part of a building owned or leased by a unit of state or local government;

    • A building of a public or private institution of higher education, as defined in § 10-101 of the education article;

    • A location that is currently being used as a polling place in accordance with Title 10 of the election law article or for canvassing ballots in accordance with Title 11 of the election law article; or

    • An electric plant or electric storage facility, as defined in § 1-101 of the public utilities article;

    • A gas plane, as defined in § 1-101 of the public utilities article; or

    • A nuclear power plant facility

• A person may not wear, carry, or transport a firearm in a “special purpose area.”

  • A “special purpose area” is defined as:

    • A location licensed to sell or dispense alcohol or cannabis for on-site consumption;

    • A stadium;

    • A museum;

    • A location being used for (i) an organized sporting or athletic activity; (ii) A live theater performance; (iii) a musical concert or performance for which members of the audience are required to pay or possess a ticket to be admitted, or an amusement park; (iv) a fair or carnival; (v) a racetrack; or (vi) a video lottery facility as defined in § 9-1A-01 of the State Government Article.

• A person does not violate the law concerning concealed carry where there is a momentary and inadvertent exposure of a handgun, or the momentary and inadvertent exposure of the imprint or outline of a handgun.

• A person wearing carrying or transporting a firearm may not enter or trespass in the dwelling of another unless the owner or the owner’s agent has given express permission, either to the person or the public generally, to wear, carry, or transport a firearm inside the dwelling.

• The maximum penalties for violation of the law are up to 1 year in jail and a fine of up to $1000.

• A person may not leave a loaded firearm in a place where they knew or should have known that an unsupervised child under 16 years old has access to the firearm.

  • The maximum penalty for a violation of this provision (Jaelynn’s Law) is a fine of up to $1,000.

  • A second or subsequent violation of this provision renders a person ineligible to possess a firearm just as if they had been convicted of a felony.

  • A first violation of this provision renders a person ineligible to possess a firearm if the violation involving a loaded handgun resulted in a minor causing the death or serious bodily injury to the minor or another person.

  • A first violation of this provision renders a person ineligible to possess a firearm for five years following the date of the conviction.

What do I need to know about peace orders in Maryland?

What is a peace order?

A peace order is a court order issued to protect a Petitioner (the victim) from the abusive or harassing behavior of another (the Respondent) by prohibiting the Respondent from committing certain acts, including contacting the Petitioner directly or through a third party.  A Petitioner can get a peace order if they can show that within 30 days prior to filing the petition, the Respondent committed one or more of the following acts, and there is a substantial likelihood that the Respondent will commit another prohibited act in the future:

(i) An act that causes serious bodily harm

(ii) An act that places the petitioner or the petitioner’s employee in fear of imminent serious bodily harm

(iii) Assault in any degree

(iv) False imprisonment

(v) Harassment

(vi) Stalking under 

(vii) Trespass

(viii) Malicious destruction of property

(ix) Misuse of telephone facilities and equipment

(x) Misuse of electronic communication or interactive computer service

(xi) Revenge porn

(xii) Visual surveillance

What is the difference between a peace order and a protective order?

A protective order is reserved for individuals who have a familial relationship, a sexual relationship, live in the same household, or have a child in common.  A peace order is available to individuals outside of those categories. A peace order lasts for up to six months, while a protective order is in effect for one year.

How do I get a peace order?

 To obtain a peace order, you must file a Petition for Peace Order with the court within 30 days of the abusive/harassing conduct. During business hours, the Petition can be filed with the clerk at the nearest District Court, and a judge can issue a temporary peace order that lasts up to 7 days. During non-business hours, the Petition can be filed with a Commissioner who can enter an Interim Peace Order that will last for up to 3 days. A final peace order hearing is typically held 7 days after the entry of the temporary peace order. The final peace order hearing is where the judge will look at the evidence to determine whether the Petitioner should be granted relief. The Petitioner has the burden of showing clear and convincing evidence that the Respondent committed a prohibited act. If the Petitioner meets their burden, the court will issue the appropriate relief, such as ordering the Respondent to refrain from contacting the Petitioner.

What happens after a peace order is issued?

 Once a peace order is issued and served on the Respondent, the Respondent must refrain from contacting the petitioner. A final peace order last for up to six months. A final peace order may include the following relief: (i) refraining from committing or threatening to commit an abusive act against the petitioner; (ii) Order the respondent to refrain from contacting, attempting to contact, or harassing the petitioner; (iii) Order the respondent to refrain from entering the home, workplace, or school of the petitioner. Md. Courts and Judicial Proceedings Code Ann. § 3-1505.

The Respondent or the Petitioner may file an appeal within 30 days of the judge’s ruling in District Court.

Will the peace order remain on my record?

Since a peace order is a civil matter, it will not go on your criminal record. However, it will appear on a public database of the Maryland Court system. Under some circumstances, you may be eligible to shield the peace order.  A shielding will be granted if the peace order was dismissed or if the Respondent consented to the peace order, and the court finds that (1) the order was denied or dismissed, (2) there is no final peace order against the party, (3) there are no ongoing criminal charges arising from the alleged act, (4) the party has not been found guilty of any crime relating to the alleged act, and (5) the petitioner has not filed any other ongoing orders against the party.

What happens if a peace order is violated?

 Violation of a peace order is a criminal offense punishable by up to 90 days in jail and/or a fine of up to $1,000. Violations of peace orders are prosecuted by the Office of the State’s Attorney for the county where the violation occurred.

Can I remove a peace order from my record?

In many circumstances, Respondents may limit access to peace order records by filing a motion to shield the peace order with the court that issued the order. The Respondent must appear at a hearing before a shielding can be ordered. Once a peace order is shielded, it is no longer viewable by the public.

Do I need a lawyer?

 While you are not required to have a lawyer, having a lawyer can be advantageous. A lawyer can explain the process from start to finish and set expectations. A lawyer can help organize evidence in the most efficient way possible and negotiate with the opposing party. A lawyer can assist in obtaining the forms of relief that you are seeking, as well as defend against a peace order, depending upon what side you are on. Having a knowledgeable lawyer can reduce your stress and help you understand the process from start to finish. 

Click here or call us at 240-396-4373 to schedule a consultation with one of our attorneys.

Want to learn about peace orders in Maryland? Attorney Morgan E. Leigh shares information about the peace order process in Maryland.