Maryland is generally considered strict when it comes to its firearm laws, and here at SCR Law we get a lot of firearms related questions. One of those questions is, can I lawfully possess and purchase a handgun in Maryland?
In this short video, I'll talk about who can and who cannot possess a handgun in Maryland as well as who can and cannot purchase a handgun in Maryland. We'll discuss rifles and shotguns in one of our next videos. My name's Morgan Lay. I'm a Maryland criminal defense attorney.
15 separate reasons
So there's actually 15 separate reasons that you could be prevented from purchasing or possessing a handgun in Maryland. The first is if you are convicted of a disqualifying crime. This is a big one and one of the most common reasons for an inability to purchase or possess. What's a disqualifying crime? A disqualifying crime is considered a crime of violence. Think assault, carjacking, robbery, felony burglary, any crime classified as a felony in Maryland. It also includes any misdemeanor with a statutory penalty of more than two years. This isn't the sentence that you received, but the maximum sentence that you could have received. Unlike federal law, Maryland has many misdemeanors with statutory penalties of more than two years. There's no time limits, but you could qualify for expungement. If you're under 21 years old. Generally, you have to be 21 years old to purchase or possess a handgun.
Now, this has exceptions such as if you are being supervised by an adult, that's over 21 if you're in law enforcement or if you're in the US armed forces. Additionally, if you have been convicted of a conspiracy to commit a felony, conspiracies are categorically misdemeanors in Maryland. Now, if the conspiracy was to commit a felony such as conspiracy to distribute cocaine, then you're disqualified. If you were convicted of a common law crime and received a prison term of more than two years, Maryland is one of those few and funky jurisdictions that still prosecutes common law crimes. So here the focus is on the actual sentence. Since there is no statutory maximum penalty, if you are a fugitive from justice definition, anyone who has fled from any state territory or the District of Columbia or possession of the United States to avoid prosecution for a crime of violence.
An outstanding warrant from another state
So this could be someone with an outstanding warrant from another state for failing to appear for a crime of violence. It's not as glorified as it sounds, a habitual drunkard. What is a habitual drunkard you ask? Well, it is a person who has been found guilty of any 3D UI related offenses, one of which has occurred in the last year. So if you are on your third DUI wait a year before applying to purchase or possess a firearm, a habitual user or addict, this is a person that's been found guilty of two controlled substances crimes, one of which occurred in the last five years. Someone who suffers from a mental disorder and has a history of violence against themselves or another. Now, a mental disorder is a behavioral or emotional illness that results from a psychiatric or neurological disorder. We're not talking about your typical A DHD depression diagnoses.
Mental or emotional function of an individual
It has to impair the mental or emotional function of an individual, so making care or treatment necessary or advisable someone who has previously been found incompetent to stand trial. Now, you could get relief with a certificate from the Maryland Department of Health for this one. Similarly, for someone who's previously been found, not criminally responsible by reason of insanity, someone who has been voluntarily admitted for more than 30 consecutive days to a mental health facility. This one, you can also get relief from by applying for a physician certificate that you are capable of possessing a firearm without undue danger to yourself or another, someone who has been involuntarily committed to a mental health treatment facility for any period of time. Again, you can also get relief from this disqualification with a physician certificate that you are capable of possessing a firearm without undue danger to yourself or another if you have a current civil protection order issued against you.
Effect on rights for many years
Now, this could be an extreme risk protective order, a domestic violence protective order, whether issued under Maryland state law or the laws of any other jurisdiction. Some people just go to court and consent to a protective order because they think that it's the easy thing to do. They don't have an attorney and it's not a criminal case, but your firearm rights can and will be affected by this, someone who has been adjudicated delinquent by a juvenile court of a crime that would be a disqualifying crime if committed as an adult if the person is currently under 30 years old. Thinking again, robbery, carjacking, some of those more serious crimes, most people don't realize that the decisions that they make at 16 can affect their rights for many years to come. If you are a straw purchaser, what's a straw purchaser? It is, or a straw purchase is the sale of a regulated firearm in which a person uses another known as a straw purchaser to complete the application, take initial possession of the firearm, and subsequently transfer it.
Don't let someone else fill out your application and receive your firearm for you. It'll give you a criminal conviction. Has not completed a certified firearms training course unless you are exempt. For example, prior law enforcement honorably discharged from the US armed forces, you already lawfully own a handgun. There may be relief to your disqualification. Sometimes there are circumstances where you can apply for relief from a particular disqualification. If you want to learn more about Maryland gun laws like and subscribe to our channel or request a confidential advice consultation regarding your particular circumstances, I hope you found this useful. I'll see you next time. Thanks.
YouTube Video Link: https://www.youtube.com/watch?v=1h9ml1Fktx4&t=59s
Credit: Megan Leigh, Scrofano Law PC
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