Subtitle 39 – Replica Guns
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Part 1 – In General
Balt., Md., Code art. 19, § 39-1 (2026)
§ 39-1 “Replica gun” defined.LinkCopy Citation
(a)In general.
In this subtitle, “replica gun” means any toy, imitation, facsimile, or replica pistol, revolver, shotgun, rifle, air rifle, B-B gun, pellet gun, machine gun, or other simulated weapon, which because of its color, size, shape, or other characteristics, can reasonably be perceived to be a real firearm.
(b)Exclusion.
“Replica gun” does not include any toy, imitation, facsimile, or replica firearm that is in compliance with U.S. Code Title 15, Chapter 76, § 5001 {“Penalties for entering into commerce of imitation firearms”} and its implementing regulations in 15 C.F.R. § 272.3 {“Marking of Toy, Look–Alike and Imitation Firearms: Approved markings”}.
History: Ord. 16-593
Balt., Md., Code art. 19, § 39-2 (2026)
§ 39-2 Possession prohibited.LinkCopy Citation
Except as otherwise provided in this subtitle, no person may own, carry, or possess a replica gun in the City of Baltimore.
History: Ord. 16-593
Balt., Md., Code art. 19, § 39-3 (2026)
§ 39-3 Exemptions.LinkCopy Citation
(a)In general.
<cite data-path="|19|§39-2">§ 39-2 {“Possession prohibited”} of this subtitle</cite> does not apply to a replica gun if the replica gun is:
(1)
actively being transported in intrastate, interstate, or foreign commerce; or
(2)
used primarily for:
(i)
the production of a television program, a theatrical or motion picture presentation, or a historical reenactment, provided the use complies with all applicable laws, rules, or regulations concerning the use;
(ii)
a firearm training class taught by a certified qualified firearm instructor pursuant to Maryland law;
(iii)
competitions, or in training for competitions, that test the shooting skills of competitors;
(iv)
display or use on real property owned by the owner of a replica gun, provided the display or use complies with all applicable laws, rules, or regulations concerning the display or use; or
(v)
paintball, provided the use complies with City Code <cite data-path="|19|§59-26">Article 19, § 59-26 {“Gas- or air-pellet guns”}</cite>.
(b)Required storage when not in use.
A replica gun must be stored in a locked case or affixed to a wall at all times when not in use for an exempt use under paragraph (a)(2) of this section in order to qualify for the exemption.
History: Ord. 16-593
Part 2 – Seizure and Forfeiture
Balt., Md., Code art. 19, § 39-4 (2026)
§ 39-4 Seizure and forfeiture authorized.LinkCopy Citation
A replica gun is subject to seizure and forfeiture if it is found in violation of this subtitle.
History: Ord. 16-593
Balt., Md., Code art. 19, § 39-5 (2026)
§ 39-5 Seizure by police.LinkCopy Citation
(a)When warrant not needed.
A police officer need not have a warrant to seize a replica gun if:
(1)
the police officer has probable cause to believe the replica gun is in violation of this subtitle; and
(2)
a warrant is not constitutionally required under the circumstances.
(b)Removal of replica gun.
Whenever a police officer seizes a replica gun under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner.
(c)Replica gun not repleviable.
A replica gun seized under this subtitle is not repleviable and remains in the custody of the Police Department, subject only to the orders and decrees of the court or official with jurisdiction over it.
History: Ord. 16-593
Balt., Md., Code art. 19, § 39-6 (2026)
§ 39-6 Referral to Solicitor.LinkCopy Citation
(a)Police to refer case.
Promptly after seizure, the City Solicitor must be notified in writing of the facts and circumstances supporting the seizure.
(b)Solicitor’s review.
(1)
On receiving the report, the Solicitor must conduct an independent review of the facts and circumstances surrounding the seizure.
(2)
If the Solicitor finds sufficient evidence that the alleged replica gun was in violation of this subtitle, the Solicitor must notify the replica gun’s owner, by registered or certified mail, of the seizure and of the owners right to seek the return of the replica gun under <cite data-path="|19|§39-7">§ 39-7 {“Judicial review”} of this subtitle</cite>.
(3)
If, on the other hand, the Solicitor finds that there is insufficient evidence to prove a violation, the Solicitor must surrender the alleged replica gun to the owner on the owner’ request.
History: Ord. 16-593
Balt., Md., Code art. 19, § 39-7 (2026)
§ 39-7 Judicial review.LinkCopy Citation
(a)In general.
The owner of a replica gun seized under this subtitle may petition the District Court for Baltimore City for the return of the replica gun.
(b)Time allowed for petition.
A petition under this section must be filed within 30 days of the notification required by § 39-6(b)(2).
History: Ord. 16-593
Balt., Md., Code art. 19, § 39-8 (2026)
§ 39-8LinkCopy Citation
Reserved
Balt., Md., Code art. 19, § 39-9 (2026)
§ 39-9 Forfeiture.LinkCopy Citation
(a)Court to provide for disposition.
If the court determines that the replica gun should be forfeited, the court may order the replica gun forfeited to the City or provide other means to dispose of the replica gun.
(b)When deemed forfeited without petition.
A replica gun that has been seized by the City is deemed forfeited to the City if the replica gun owner has not timely filed in the District Court for the return of the replica gun under <cite data-path="|19|§39-7">§ 39-7 {“Judicial review”} of this subtitle</cite>.
(c)City disposal of forfeited replica.
A replica gun that has been forfeited to the City must be destroyed.
History: Ord. 16-593
Balt., Md., Code art. 19, § 39-10 (2026)
§ 39-10 Order of release.LinkCopy Citation
If, after a full hearing, the court determines that the replica gun should not be forfeited, the court shall order the replica gun released<strong>.</strong>
History: Ord. 16-593
Balt., Md., Code art. 19, § 39-11 (2026)
§ 39-11LinkCopy Citation
Reserved
Part 3 – Penalties
Balt., Md., Code art. 19, § 39-12 (2026)
§ 39-12 Enforcement by civil citation.LinkCopy Citation
(a)In general.
In addition to any other civil or criminal remedy or enforcement procedure, <cite data-path="|19|§39-2">§ 39-2 of this Subtitle</cite> may be enforced by issuance of a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.
(b)Process not exclusive.
The issuance of a civil citation to enforce <cite data-path="|19|§39-2">§ 39-2 of this Subtitle</cite> does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
History: Ord. 16-593
Balt., Md., Code art. 19, § 39-13 (2026)
§ 39-13 Criminal penalties for 3rd or subsequent offense.LinkCopy Citation
Any person who violates any provision of this subtitle after having twice previously been found to have violated this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 30 days or to both fine and imprisonment for each offense.
History: Ord. 16-593