Criminal Law (GCR) — Title 4. Weapon Crimes
Statutes in effect as of October 1, 2026.
Subtitle 1. General Provisions
Md. Code Ann., Crim. Law § 4-101 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–101LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Nunchaku” means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.
(3)
(i)
“Pepper mace” means an aerosol propelled combination of highly disabling irritant pepper-based products.
(ii)
“Pepper mace” is also known as oleoresin capsicum (o.c.) spray.
(4)
“Star knife” means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.
(5)
(i)
“Weapon” includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.
(ii)
“Weapon” does not include:
(1)
a handgun; or
(2)
a penknife without a switchblade.
(b)
This section does not prohibit the following individuals from carrying a weapon:
(1)
an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer’s official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator’s official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;
(2)
a special agent of a railroad;
(3)
a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or
(4)
an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.
(c)
(1)
A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.
(2)
A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.
(3)
(i)
This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George’s County, St. Mary’s County, Talbot County, Washington County, and Worcester County.
(ii)
A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:
(1)
on a bona fide hunting trip; or
(2)
engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.
(d)
(1)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2)
For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.
Md. Code Ann., Crim. Law § 4-102 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–102LinkCopy Citation
(a)
This section does not apply to:
(1)
a law enforcement officer in the regular course of the officer’s duty;
(2)
an off–duty law enforcement officer or a person who has retired as a law enforcement officer in good standing from a law enforcement agency of the United States, the State, or a local unit in the State who is a parent, guardian, or visitor of a student attending a school located on the public school property, provided that:
(i)
the officer or retired officer is displaying the officer’s or retired officer’s badge or credential;
(ii)
the weapon carried or possessed by the officer or retired officer is concealed; and
(iii)
the officer or retired officer is authorized to carry a concealed handgun in the State;
(3)
a person hired by a county board of education specifically for the purpose of guarding public school property;
(4)
a person engaged in organized shooting activity for educational purposes; or
(5)
a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.
(b)
A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.
(c)
(1)
Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2)
A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.
Md. Code Ann., Crim. Law § 4-103 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–103LinkCopy Citation
(a)
In this section, “law enforcement officer” means:
(1)
a law enforcement officer who, in an official capacity, is authorized by law to make arrests;
(2)
a sheriff, deputy sheriff, or assistant sheriff; or
(3)
an employee of the Division of Correction, the Patuxent Institution, the Division of Pretrial Detention and Services, the Division of Parole and Probation, a local correctional facility, or any booking facility.
(b)
A person may not knowingly remove or attempt to remove a firearm from the possession of a law enforcement officer if:
(1)
the law enforcement officer is lawfully acting within the course and scope of employment; and
(2)
the person has knowledge or reason to know that the law enforcement officer is employed as a law enforcement officer.
(c)
A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(d)
A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation under this section.
Md. Code Ann., Crim. Law § 4-104 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–104LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.
(3)
(i)
“Firearm” means a handgun, rifle, shotgun, short–barreled rifle, or short–barreled shotgun, as those terms are defined in § 4–201 of this title, or any other firearm.
(ii)
“Firearm” does not include an antique firearm as defined in § 4–201 of this title.
(b)
This section does not apply if:
(1)
the minor’s access to a firearm is supervised by an individual at least 18 years old;
(2)
the minor’s access to a firearm was obtained as a result of an unlawful entry;
(3)
the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or
(4)
the minor has a certificate of firearm and hunter safety issued under § 10–301.1 of the Natural Resources Article.
(c)
A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised minor has access to the firearm.
(d)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(e)
(1)
A violation of this section may not:
(i)
be considered evidence of negligence;
(ii)
be considered evidence of contributory negligence;
(iii)
limit liability of a party or an insurer; or
(iv)
diminish recovery for damages arising out of the ownership, maintenance, or operation of a firearm or ammunition.
(2)
A party, witness, or lawyer may not refer to a violation of this section during a trial of a civil action that involves property damage, personal injury, or death.
Md. Code Ann., Crim. Law § 4-105 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–105LinkCopy Citation
(a)
A person may not sell, barter, display, or offer to sell or barter:
(1)
a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife; or
(2)
a device that is designed to propel a knife from a metal sheath by means of a high-compression ejector spring, commonly called a shooting knife.
(b)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 12 months or a fine of not less than $50 and not exceeding $500 or both.
Md. Code Ann., Crim. Law § 4-106 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–106LinkCopy Citation
(a)
(1)
In this section and § 4-107 of this subtitle the following words have the meanings indicated.
(2)
“Ammunition” means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.
(3)
“Bulletproof body armor” means a material or object that is designed to cover or be worn on any part of the body to prevent, deflect, or slow down the penetration of ammunition.
(4)
“Crime of violence” has the meaning stated in § 14-101 of this article.
(5)
“Drug trafficking crime” has the meaning stated in § 5-621 of this article.
(6)
“Firearm” includes:
(i)
a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle as those terms are defined in § 4-201 of this title;
(ii)
an assault pistol as defined in § 4-301 of this title;
(iii)
a machine gun as defined in § 4-401 of this title; and
(iv)
a regulated firearm as defined in § 5-101 of the Public Safety Article.
(7)
“Secretary” means the Secretary of State Police or the Secretary’s designee.
(b)
A person may not wear bulletproof body armor in the commission of a crime of violence.
(c)
A person may not wear or possess bulletproof body armor during and in relation to a drug trafficking crime.
(d)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(e)
A sentence imposed under this section may be separate from a sentence for any crime of violence or drug trafficking crime establishing the violation of this section.
Md. Code Ann., Crim. Law § 4-107 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–107LinkCopy Citation
(a)
Except for a person holding a valid permit issued under subsection (c) of this section, a person who was previously convicted of a crime of violence or a drug trafficking crime may not use, possess, or purchase bulletproof body armor.
(b)
A person with a prior conviction for a crime of violence or a drug trafficking crime may file a petition with the Secretary for a permit to purchase, possess, and use bulletproof body armor.
(c)
On receiving a petition under subsection (b) of this section, the Secretary may issue to the petitioner a permit to purchase, possess, and use bulletproof body armor under the terms, conditions, and limitations that the Secretary sets as appropriate, based on a determination that the petitioner:
(1)
is likely to use or possess bulletproof body armor in a safe and lawful manner; and
(2)
has shown good cause for the use, possession, or purchase of bulletproof body armor.
(d)
In making a determination under subsection (c) of this section with respect to a petitioner, the Secretary shall consider:
(1)
the effect of the determination on the employment of the petitioner;
(2)
the interests of justice;
(3)
the safety of the petitioner;
(4)
any other valid reason for the petitioner to purchase, possess, or use bulletproof body armor; and
(5)
the totality of the circumstances.
(e)
As a condition of issuing a permit to a petitioner, the Secretary shall require that the petitioner agree to maintain in the person’s possession a certified copy of the permit, including any terms, conditions, or limitations.
(f)
(1)
A permit under this section expires 5 years after the date of its issuance.
(2)
A permit shall be renewed for successive periods of 5 years if the applicant:
(i)
files an application for renewal at any time within 3 months before the permit expires; and
(ii)
satisfies the requirements of this section.
(g)
The Secretary may revoke a permit at any time if the Secretary finds that the holder no longer satisfies the qualifications set forth in subsection (c) of this section.
(h)
(1)
A person whose application for a permit or renewal of a permit has been rejected or whose permit has been revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receiving written notice of the Secretary’s initial action.
(2)
The informal review may include a personal interview of the applicant.
(3)
An informal review under this subsection is not subject to the Administrative Procedure Act.
(4)
After the informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the applicant of the decision in writing within 30 days after receiving the request for informal review.
(i)
(1)
A person aggrieved by a decision of the Secretary may seek review of the decision under Title 10, Subtitle 2 of the State Government Article.
(2)
A request for informal review under subsection (h) of this section is not a condition precedent to instituting a contested case proceeding under this subsection.
(j)
The Secretary shall adopt regulations to carry out this section.
(k)
A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
Md. Code Ann., Crim. Law § 4-108 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–108LinkCopy Citation
(a)
In Anne Arundel County, Caroline County, and St. Mary’s County a person may not target practice with a gun or weapon or discharge a gun or weapon on the land of another without first obtaining written permission from the owner or possessor of the land.
(b)
(1)
(i)
In Anne Arundel County and Caroline County a person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)
for a first violation, a fine of not less than $250 and not exceeding $1,000; and
(2)
for each subsequent violation, a fine of not less than $500 and not exceeding $2,000.
(ii)
If a person fails to pay a fine imposed under this paragraph, further proceedings shall be held in accordance with § 7-505 of the Courts Article.
(2)
In St. Mary’s County a person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code Ann., Crim. Law § 4-109 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–109LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Crime of violence” has the meaning stated in § 14–101 of this article.
(3)
“Electronic control device” means a portable device designed as a weapon capable of injuring, immobilizing, or inflicting pain on an individual by the discharge of electrical current.
(b)
A person may not possess or use an electronic control device unless the person:
(1)
has attained the age of 18 years; and
(2)
has never been convicted of a crime of violence or a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 5–613, or § 5–614 of this article.
(c)
An electronic control device may not be sold and activated in the State unless:
(1)
an instructional manual or audio or audiovisual instructions are provided to the purchaser;
(2)
the manufacturer maintains a record of the original owner of the electronic control device; and
(3)
the manufacturer or seller has obtained a State and federal criminal history records check of the original owner to ensure compliance with subsection (b)(2) of this section.
(d)
A manufacturer of electronic control devices shall provide an investigating law enforcement agency with prompt access to the manufacturer’s records on electronic control devices and cartridges sold in the State.
(e)
(1)
A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
(2)
A person who violates subsection (b) of this section while committing a separate crime that is a crime of violence is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
(f)
This section does not prohibit a local government from adopting a restriction or requirement concerning the possession of an electronic control device that is more stringent than the requirements of this section.
Md. Code Ann., Crim. Law § 4-110 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–110LinkCopy Citation
(a)
In this section, “restricted firearm ammunition” means a cartridge, a shell, or any other device that:
(1)
contains explosive or incendiary material designed and intended for use in a firearm; and
(2)
has a core constructed, excluding traces of other substances, entirely from one or a combination of:
(i)
tungsten alloys;
(ii)
steel;
(iii)
iron;
(iv)
brass;
(v)
beryllium copper;
(vi)
depleted uranium; or
(vii)
an equivalent material of similar density or hardness.
(b)
A person may not, during and in relation to the commission of a crime of violence as defined in § 14–101 of this article, possess or use restricted firearm ammunition.
(c)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
Md. Code Ann., Crim. Law § 4-111 (2026)
Title 4. Weapon Crimes
Subtitle 1. General Provisions
§ 4–111LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Area for children and vulnerable individuals” means:
(i)
a preschool or prekindergarten facility or the grounds of the facility;
(ii)
a private primary or secondary school or the grounds of the school; or
(iii)
a health care facility, as defined in § 15–10B–01(g)(1), (2), (3), and (4) of the Insurance Article.
(3)
“Firearm” has the meaning stated in § 4–104 of this subtitle.
(4)
“Government or public infrastructure area” means:
(i)
a building or any part of a building owned or leased by a unit of State or local government;
(ii)
a building of a public or private institution of higher education, as defined in § 10–101 of the Education Article;
(iii)
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;
(iv)
an electric plant or electric storage facility, as defined in § 1–101 of the Public Utilities Article;
(v)
a gas plant, as defined in § 1–101 of the Public Utilities Article; or
(vi)
a nuclear power plant facility.
(5)
“Law enforcement official” has the meaning stated in § 4–201 of this title.
(6)
“Police officer” has the meaning stated in § 3–201 of the Public Safety Article.
(7)
“ROTC” means Reserve Officer Training Corps.
(8)
“Service member” has the meaning stated in § 9–901 of the State Government Article.
(9)
“Special purpose area” means:
(i)
a location licensed to sell or dispense alcohol or cannabis for on–site consumption;
(ii)
a stadium;
(iii)
a museum;
(iv)
an amusement park;
(v)
a racetrack; or
(vi)
a video lottery facility, as defined in § 9–1A–01 of the State Government Article.
(b)
This section does not apply to:
(1)
a law enforcement official or a police officer;
(2)
an on–duty employee of a law enforcement agency authorized by the agency to possess firearms on duty or whose duty assignment involves the possession of firearms;
(3)
a service member on duty or traveling to or from duty;
(4)
a member of an ROTC program while participating in an activity for an ROTC program;
(5)
a correctional officer or warden of a correctional facility in the State;
(6)
a railroad police officer appointed under Title 3, Subtitle 4 of the Public Safety Article;
(7)
an employee of an armored car company, if the person is acting within the scope of employment and has a valid permit to wear, carry, or transport a handgun issued under Title 5, Subtitle 3 of the Public Safety Article;
(8)
subject to subsection (i) of this section, a person who has retired as a law enforcement official in good standing from a law enforcement agency of the United States, the State or another state, or a local unit in the State or another state, who possesses a firearm, if:
(i)
(1)
the person is carrying the person’s badge or credential in compliance with the requirements of the badge or credential;
(2)
the firearm carried or possessed by the person is concealed from view under or within an article of the person’s clothing; and
(3)
the person is authorized to carry a handgun under the laws of the State or the United States; or
(ii)
(1)
the person possesses a valid permit to wear, carry, or transport a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; and
(2)
the firearm carried or possessed by the person is concealed from view under or within an article of the person’s clothing;
(9)
for a location that is not owned by, leased by, or otherwise under the control of the State or a political subdivision of the State:
(i)
the owner or lessee of the location; or
(ii)
a person who is authorized by the owner or lessee of the location to wear, carry, or transport a firearm at the location for the purpose of:
(1)
employment as a security guard licensed under Title 19 of the Business Occupations and Professions Article; or
(2)
protecting any individual or property at the location with an express agreement between the parties, remuneration, or compensation;
(10)
a location being used with the permission of the person or governmental unit that owns, leases, or controls the location for:
(i)
an organized shooting activity for educational purposes;
(ii)
a historical demonstration using a firearm; or
(iii)
hunting or target shooting; or
(11)
a firearm that is carried or transported in a motor vehicle if the firearm is:
(i)
locked in a container; or
(ii)
a handgun worn, carried, or transported in compliance with any limitations imposed under § 5–307 of the Public Safety Article, by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article.
(c)
A person may not wear, carry, or transport a firearm in an area for children or vulnerable individuals.
(d)
(1)
A person may not wear, carry, or transport a firearm in a government or public infrastructure area.
(2)
A government or public infrastructure area specified under subsection (a)(4)(i) of this section must display a clear and conspicuous sign at the main entrance of the building or the part of a building that is owned or leased by the unit of State or local government indicating that it is not permissible to wear, carry, or transport a firearm in the building or that part of the building.
(e)
A person may not wear, carry, or transport a firearm in a special purpose area.
(f)
A person who willfully violates subsection (c), (d)(1), or (e) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
(g)
(1)
A conviction under this section may not merge with a conviction for any other crime based on the act establishing the violation of this section.
(2)
A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
(h)
For purposes of this section, a requirement to keep a handgun concealed is not violated by:
(1)
the momentary and inadvertent exposure of a handgun; or
(2)
the momentary and inadvertent exposure of the imprint or outline of a handgun.
(i)
Nothing in this section limits the power of an administrative head of a Maryland court to punish for contempt or to adopt rules or orders regulating, allowing, restricting, or prohibiting the possession of weapons in any building housing the court or any of its proceedings, or on any grounds appurtenant to the building.
Subtitle 2. Handguns
Md. Code Ann., Crim. Law § 4-201 (2026)
Title 4. Weapon Crimes
Subtitle 2. Handguns
§ 4–201LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Antique firearm” means:
(1)
a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar ignition system, manufactured before 1899; or
(2)
a replica of a firearm described in item (1) of this subsection that:
(i)
is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or
(ii)
uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(c)
(1)
“Handgun” means a pistol, revolver, or other firearm capable of being concealed on the person.
(2)
“Handgun” includes a short–barreled shotgun and a short–barreled rifle.
(3)
“Handgun” does not include a shotgun, rifle, or antique firearm.
(d)
“Law enforcement official” means:
(1)
a full–time member of a police force or other unit of the United States, a state, a county, a municipal corporation, or other political subdivision of a state who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, a state, a county, a municipal corporation, or other political subdivision of a state;
(2)
a part–time member of a police force of a county or municipal corporation who is certified by the county or municipal corporation as being trained and qualified in the use of handguns;
(3)
a fire and explosive investigator of the Prince George’s County Fire/EMS Department as defined in § 2–208.3 of the Criminal Procedure Article;
(4)
a Montgomery County fire and explosive investigator as defined in § 2–208.1 of the Criminal Procedure Article;
(5)
an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2–208.2 of the Criminal Procedure Article;
(6)
a Worcester County fire and explosive investigator as defined in § 2–208.4 of the Criminal Procedure Article;
(7)
a City of Hagerstown fire and explosive investigator as defined in § 2–208.5 of the Criminal Procedure Article; or
(8)
a Howard County fire and explosive investigator as defined in § 2–208.6 of the Criminal Procedure Article.
(e)
“Rifle” means a weapon that is:
(1)
designed or redesigned, made or remade, and intended to be fired from the shoulder; and
(2)
designed or redesigned, and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(f)
“Short–barreled rifle” means:
(1)
a rifle that has one or more barrels less than 16 inches long; or
(2)
a weapon that has an overall length of less than 26 inches and that was made from a rifle, whether by alteration, modification, or otherwise.
(g)
“Short–barreled shotgun” means:
(1)
a shotgun that has one or more barrels less than 18 inches long; or
(2)
a weapon that has an overall length of less than 26 inches long and was made from a shotgun, whether by alteration, modification, or otherwise.
(h)
“Shotgun” means a weapon that is:
(1)
designed or redesigned, made or remade, and intended to be fired from the shoulder; and
(2)
designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore one or more projectiles for each pull of the trigger.
(i)
“Vehicle” means a motor vehicle as defined in Title 11, Subtitle 1 of the Transportation Article, a train, an aircraft, or a vessel.
Md. Code Ann., Crim. Law § 4-202 (2026)
Title 4. Weapon Crimes
Subtitle 2. Handguns
§ 4–202LinkCopy Citation
The General Assembly finds that:
(1)
the number of violent crimes committed in the State has increased alarmingly in recent years;
(2)
a high percentage of violent crimes committed in the State involves the use of handguns;
(3)
the result is a substantial increase in the number of deaths and injuries largely traceable to the carrying of handguns in public places by criminals;
(4)
current law has not been effective in curbing the more frequent use of handguns in committing crime; and
(5)
additional regulations on the wearing, carrying, and transporting of handguns are necessary to preserve the peace and tranquility of the State and to protect the rights and liberties of the public.
Md. Code Ann., Crim. Law § 4-203 (2026)
Title 4. Weapon Crimes
Subtitle 2. Handguns
§ 4–203LinkCopy Citation
(a)
(1)
Except as provided in subsection (b) of this section, a person may not:
(i)
wear, carry, or transport a handgun, whether concealed or open, on or about the person;
(ii)
wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
(iii)
violate item (i) or (ii) of this paragraph while on public school property in the State;
(iv)
violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person; or
(v)
violate item (i) or (ii) of this paragraph with a handgun loaded with ammunition.
(2)
There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.
(b)
This section does not prohibit:
(1)
the wearing, carrying, or transporting of a handgun by a person who is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person’s official equipment, and is:
(i)
a law enforcement official of the United States, the State, or a county or city of the State;
(ii)
a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;
(iii)
a law enforcement official of another state or subdivision of another state temporarily in this State on official business;
(iv)
a correctional officer or warden of a correctional facility in the State;
(v)
a sheriff or full–time assistant or deputy sheriff of the State; or
(vi)
a temporary or part–time sheriff’s deputy;
(2)
the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;
(3)
the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(4)
the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources–sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(5)
the moving by a bona fide gun collector of part or all of the collector’s gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(6)
the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;
(7)
the wearing, carrying, or transporting of a handgun by a supervisory employee:
(i)
in the course of employment;
(ii)
within the confines of the business establishment in which the supervisory employee is employed; and
(iii)
when so authorized by the owner or manager of the business establishment;
(8)
the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or
(9)
the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:
(i)
the handgun is unloaded;
(ii)
the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and
(iii)
the person transports the handgun directly to the law enforcement unit, barracks, or station.
(c)
(1)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.
(2)
If the person has not previously been convicted under this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title:
(i)
except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 5 years or a fine of not less than $250 and not exceeding $2,500 or both; or
(ii)
if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.
(3)
(i)
If the person has previously been convicted once under this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title:
(1)
except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or
(2)
if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.
(ii)
(1)
Except as provided in subsubparagraph 2 of this subparagraph, the court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.
(2)
If the person violates subsection (a)(1)(v) of this section, the court may not suspend any part of or impose less than the applicable mandatory minimum sentence provided under subparagraph (i) of this paragraph.
(iii)
Except as provided in § 4–305 of the Correctional Services Article, if the person violates subsection (a)(1)(v) of this section, the person is not eligible for parole during the mandatory minimum sentence.
(iv)
A mandatory minimum sentence under subparagraph (ii)2 of this paragraph may not be imposed unless the State’s Attorney notifies the defendant in writing at least 30 days before trial of the State’s intention to seek the mandatory minimum sentence.
(4)
(i)
If the person has previously been convicted more than once under this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title, or of any combination of these crimes:
(1)
except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or
(2)
(A)
if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or
(B)
if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.
(ii)
(1)
Except as provided in subsubparagraph 2 of this subparagraph, the court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.
(2)
If the person violates subsection (a)(1)(v) of this section, the court may not suspend any part of or impose less than the applicable mandatory minimum sentence provided under subparagraph (i) of this paragraph.
(iii)
Except as provided in § 4–305 of the Correctional Services Article, if the person violates subsection (a)(1)(v) of this section, the person is not eligible for parole during the mandatory minimum sentence.
(iv)
A mandatory minimum sentence under subparagraph (ii)2 of this paragraph may not be imposed unless the State’s Attorney notifies the defendant in writing at least 30 days before trial of the State’s intention to seek the mandatory minimum sentence.
Md. Code Ann., Crim. Law § 4-204 (2026)
Title 4. Weapon Crimes
Subtitle 2. Handguns
§ 4–204LinkCopy Citation
(a)
(1)
In this section, “firearm” means:
(i)
a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or
(ii)
the frame or receiver of such a weapon.
(2)
“Firearm” includes an antique firearm, handgun, rifle, shotgun, short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether loaded or unloaded.
(b)
A person may not use a firearm in the commission of a crime of violence, as defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is operable or inoperable at the time of the crime.
(c)
(1)
(i)
A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years.
(ii)
The court may not impose less than the minimum sentence of 5 years and, except as otherwise provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years.
(2)
For each subsequent violation, the sentence shall be consecutive to and not concurrent with any other sentence imposed for the crime of violence or felony.
Md. Code Ann., Crim. Law § 4-205 (2026)
Title 4. Weapon Crimes
Subtitle 2. Handguns
§ 4–205LinkCopy Citation
(a)
Notwithstanding § 14-102 of this article or any other provision of law, except with respect to a sentence prescribed in § 4-203(c)(2) of this subtitle, a court may not:
(1)
enter a judgment for less than the mandatory minimum sentence prescribed in § 4-203 or § 4-204 of this subtitle in a case in which a mandatory minimum sentence is specified under § 4-203 or § 4-204 of this subtitle; or
(2)
suspend a mandatory minimum sentence prescribed in § 4-203 or § 4-204 of this subtitle.
(b)
Notwithstanding § 14-102 of this article or any other provision of law:
(1)
except with respect to a sentence prescribed in § 4-203(c)(2) of this subtitle for wearing, carrying, or transporting a handgun other than on public school property, a court may not order probation before judgment in a case arising under this subtitle; and
(2)
except with respect to a sentence prescribed in § 4-203(c)(2) of this subtitle, a court may not order probation with respect to a case arising under § 4-203 or § 4-204 of this subtitle that would have the effect of reducing the actual period of imprisonment prescribed in § 4-203 or § 4-204 of this subtitle as a mandatory minimum sentence.
Md. Code Ann., Crim. Law § 4-206 (2026)
Title 4. Weapon Crimes
Subtitle 2. Handguns
§ 4–206LinkCopy Citation
(a)
(1)
A law enforcement officer may make an inquiry and conduct a limited search of a person under paragraph (2) of this subsection if the officer, in light of the officer’s observations, information, and experience, reasonably believes that:
(i)
the person may be wearing, carrying, or transporting a handgun in violation of § 4–203 of this subtitle;
(ii)
because the person possesses a handgun, the person is or presently may be dangerous to the officer or to others;
(iii)
under the circumstances, it is impracticable to obtain a search warrant; and
(iv)
to protect the officer or others, swift measures are necessary to discover whether the person is wearing, carrying, or transporting a handgun.
(2)
If the circumstances specified under paragraph (1) of this subsection exist, a law enforcement officer:
(i)
may approach the person and announce the officer’s status as a law enforcement officer;
(ii)
may request the name and address of the person;
(iii)
if the person is in a vehicle, may request the person’s license to operate the vehicle and the registration of the vehicle;
(iv)
may ask any question and request any explanation that may be reasonably calculated to determine whether the person is unlawfully wearing, carrying, or transporting a handgun in violation of § 4–203 of this subtitle; and
(v)
if the person does not offer an explanation that dispels the officer’s reasonable beliefs described in paragraph (1) of this subsection, may conduct a search of the person limited to a patting or frisking of the person’s clothing in search of a handgun.
(3)
A law enforcement officer acting under this subsection shall take into account all circumstances of the occasion, including the age, appearance, physical condition, manner, and gender of the person approached.
(b)
(1)
If the officer discovers that the person is wearing, carrying, or transporting a handgun, the officer may demand evidence from the person of the person’s authority to wear, carry, or transport the handgun in accordance with § 4–203(b) of this subtitle.
(2)
If the person does not produce the evidence specified in paragraph (1) of this subsection, the officer may seize the handgun and arrest the person.
(c)
(1)
A law enforcement officer who conducts a search or seizure in accordance with this section shall file a written report with the law enforcement officer’s employer unit within 24 hours after the search or seizure.
(2)
The report shall be on a form that the Secretary of Public Safety and Correctional Services prescribes, shall include the name of the person searched, and shall describe the circumstances surrounding and the reasons for the search or seizure.
(3)
A copy of the report shall be sent to the Secretary of State Police.
(d)
On request of a law enforcement officer, the Attorney General shall defend the officer in a civil action, including any appeal, in which the officer is sued for conducting a search or seizure under this section that is alleged to be unreasonable and unlawful.
(e)
(1)
This section may not be construed to limit the right of a law enforcement officer to conduct any other type of search or seizure or make an arrest that is otherwise authorized by law.
(2)
The provisions of this section are in addition to and not limited by the provisions of Title 2 of the Criminal Procedure Article.
Md. Code Ann., Crim. Law § 4-208 (2026)
Title 4. Weapon Crimes
Subtitle 2. Handguns
§ 4–208LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
(i)
“Demonstration” means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers.
(ii)
“Demonstration” does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.
(3)
(i)
“Firearm” means a handgun, rifle, shotgun, short–barreled rifle, short–barreled shotgun, or any other firearm, whether loaded or unloaded.
(ii)
“Firearm” does not include an antique firearm.
(4)
“Handgun” has the meaning stated in § 5–101 of the Public Safety Article.
(5)
“Law enforcement officer” means:
(i)
a member of a police force or other unit of the United States, the State, a county, municipal corporation, or other political subdivision who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, the State, a county, municipal corporation, or other political subdivision;
(ii)
a park police officer of the Maryland–National Capital Park and Planning Commission;
(iii)
a member of the University System of Maryland Police Force; and
(iv)
any military or militia personnel directed by constituted authority to keep law and order.
(6)
(i)
“Public place” means a place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose.
(ii)
“Public place” is not limited to a place devoted solely to the uses of the public.
(iii)
“Public place” includes:
(1)
the front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;
(2)
a public building, including its grounds and curtilage;
(3)
a public parking lot;
(4)
a public street, sidewalk, or right–of–way;
(5)
a public park; and
(6)
other public grounds.
(b)
(1)
This subsection does not apply to a law enforcement officer.
(2)
A person may not have a firearm in the person’s possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:
(i)
the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and
(ii)
the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.
(c)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code Ann., Crim. Law § 4-209 (2026)
Title 4. Weapon Crimes
Subtitle 2. Handguns
§ 4–209LinkCopy Citation
(a)
Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:
(1)
a handgun, rifle, or shotgun; and
(2)
ammunition for and components of a handgun, rifle, or shotgun.
(b)
(1)
A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:
(i)
with respect to minors;
(ii)
with respect to law enforcement officials of the subdivision; and
(iii)
except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.
(2)
A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.
(3)
A county, municipal corporation, or special taxing district may not prohibit the transportation of an item listed in subsection (a) of this section by a person who is carrying a court order requiring the surrender of the item, if:
(i)
the handgun, rifle, or shotgun is unloaded;
(ii)
the person has notified the law enforcement unit, barracks, or station that the item is being transported in accordance with the court order; and
(iii)
the person transports the item directly to the law enforcement unit, barracks, or station.
(c)
To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.
(d)
(1)
Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.
(2)
A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.
Subtitle 3. Assault Weapons and Detachable Magazines
Md. Code Ann., Crim. Law § 4-301 (2026)
Title 4. Weapon Crimes
Subtitle 3. Assault Weapons and Detachable Magazines
§ 4–301LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Assault long gun” means any assault weapon listed under § 5–101(r)(2) of the Public Safety Article.
(c)
“Assault pistol” means any of the following firearms or a copy regardless of the producer or manufacturer:
(1)
AA Arms AP–9 semiautomatic pistol;
(2)
Bushmaster semiautomatic pistol;
(3)
Claridge HI–TEC semiautomatic pistol;
(4)
D Max Industries semiautomatic pistol;
(5)
Encom MK–IV, MP–9, or MP–45 semiautomatic pistol;
(6)
Heckler and Koch semiautomatic SP–89 pistol;
(7)
Holmes MP–83 semiautomatic pistol;
(8)
Ingram MAC 10/11 semiautomatic pistol and variations including the Partisan Avenger and the SWD Cobray;
(9)
Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire variation;
(10)
(P)
(11)
Skorpion semiautomatic pistol;
(12)
Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell);
(13)
UZI semiautomatic pistol;
(14)
Weaver Arms semiautomatic Nighthawk pistol; or
(15)
Wilkinson semiautomatic “Linda” pistol.
(d)
“Assault weapon” means:
(1)
an assault long gun;
(2)
an assault pistol; or
(3)
a copycat weapon.
(e)
“Binary trigger system” means a device that, when installed in or attached to a firearm, fires both when the trigger is pulled and on release of the trigger.
(f)
“Bump stock” means a device that, when installed in or attached to a firearm, increases the rate of fire of the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger.
(g)
“Burst trigger system” means a device that, when installed in or attached to a firearm, allows the firearm to discharge two or more shots with a single pull of the trigger by altering the trigger reset.
(h)
“Common household tool” includes a screwdriver, a pipe wrench, pliers, a hacksaw, a crowbar, an electric drill, a rotary tool, a hammer, a chisel, a file, and a crescent wrench.
(i)
(1)
“Copycat weapon” means:
(i)
a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following:
(1)
a folding stock;
(2)
a grenade launcher or flare launcher; or
(3)
a flash suppressor;
(ii)
a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
(iii)
a semiautomatic centerfire rifle that has an overall length of less than 29 inches;
(iv)
a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds;
(v)
a semiautomatic shotgun that has a folding stock; or
(vi)
a shotgun with a revolving cylinder.
(2)
“Copycat weapon” does not include an assault long gun or an assault pistol.
(j)
“Cruciform trigger bar” means a component in a semiautomatic pistol that:
(1)
serves as a link between the trigger and the firing pin; and
(2)
has its sear incorporated into a cross–shaped surface.
(k)
“Detachable magazine” means an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.
(l)
“Flash suppressor” means a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter’s field of vision.
(m)
“Hellfire trigger” means a device that, when installed in or attached to a firearm, disengages the trigger return spring when the trigger is pulled.
(n)
“Licensed firearms dealer” means a person who holds a dealer’s license under Title 5, Subtitle 1 of the Public Safety Article.
(o)
(1)
“Machine gun convertible pistol” means any semiautomatic pistol with a cruciform trigger bar that can be readily converted by hand or by using common household tools into a machine gun by the installation or attachment of a pistol converter as a replacement for the slide’s backplate.
(2)
“Machine gun convertible pistol” includes a semiautomatic pistol described under paragraph (1) of this subsection, regardless of whether a tab or other piece of material is located on the rear portion of the pistol frame to block the attachment of a pistol converter, if the tab or other piece of material can be readily removed with a common household tool.
(3)
“Machine gun convertible pistol” does not include a hammer–fired semiautomatic pistol or a striker–fired semiautomatic pistol without a cruciform trigger bar.
(p)
(1)
“Pistol converter” means any device or instrument that, when installed in or attached to the rear of the slide of a semiautomatic pistol, replaces the backplate and interferes with the trigger mechanism, which enables the pistol to shoot automatically more than one shot by a single function of the trigger.
(2)
“Pistol converter” includes a pistol converter manufactured using a three–dimensional printer.
(q)
(1)
“Rapid fire activator” means any device, including a removable manual or power–driven activating device, constructed so that, when installed in or attached to a firearm:
(i)
the rate at which the trigger is activated increases; or
(ii)
the rate of fire increases.
Md. Code Ann., Crim. Law § 4-302 (2026)
Title 4. Weapon Crimes
Subtitle 3. Assault Weapons and Detachable Magazines
§ 4–302LinkCopy Citation
This subtitle does not apply to:
(1)
if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, law enforcement personnel of the State or a local unit in the State, or a railroad police officer authorized under Title 3 of the Public Safety Article or 49 U.S.C. § 28101;
(2)
a firearm modified to render it permanently inoperative;
(3)
possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who is:
(i)
providing or servicing an assault weapon, a detachable magazine, or a machine gun convertible pistol for a law enforcement unit or for personnel exempted under item (1) of this section;
(ii)
acting to sell or transfer an assault weapon, a detachable magazine, or a machine gun convertible pistol to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer; or
(iii)
acting to return to a customer in another state an assault weapon or a machine gun convertible pistol transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair;
(4)
organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons and applicable ammunition, detachable magazines, and machine gun convertible pistols;
(5)
the receipt of an assault weapon, a detachable magazine, or a machine gun convertible pistol by inheritance, and possession of the inherited assault weapon, detachable magazine, or machine gun convertible pistol, if the decedent lawfully possessed the assault weapon, detachable magazine, or machine gun convertible pistol and the person inheriting the assault weapon, detachable magazine, or machine gun convertible pistol is not otherwise disqualified from possessing a regulated firearm;
(6)
the receipt of an assault weapon, a detachable magazine, or a machine gun convertible pistol by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate;
(7)
possession by a person who is retired in good standing from service with a law enforcement agency of the State or a local unit in the State and is not otherwise prohibited from receiving an assault weapon, detachable magazine, or machine gun convertible pistol if:
(i)
the assault weapon, detachable magazine, or machine gun convertible pistol is sold or transferred to the person by the law enforcement agency on retirement; or
(ii)
the assault weapon, detachable magazine, or machine gun convertible pistol was purchased or obtained by the person for official use with the law enforcement agency before retirement;
(8)
possession or transport by an employee of an armored car company if the individual is acting within the scope of employment and has a permit issued under Title 5, Subtitle 3 of the Public Safety Article;
(9)
possession, receipt, and testing by, or shipping to or from:
(i)
an ISO 17025 accredited, National Institute of Justice–approved ballistics testing laboratory; or
(ii)
a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems;
(10)
the temporary transfer of a machine gun convertible pistol to a licensed regulated firearms dealer or gunsmith for the purpose of servicing the machine gun convertible pistol;
(11)
the receipt of a machine gun convertible pistol by a licensed regulated firearms dealer or gunsmith for the purpose of servicing the machine gun convertible pistol and the return of the machine gun convertible pistol to its lawful owner by a licensed regulated firearms dealer or gunsmith on the completion of servicing the machine gun convertible pistol;
(12)
the receipt of a machine gun convertible pistol by a law enforcement unit, barracks, or station, a State or local law enforcement agency, or a federally licensed firearms dealer if the person is surrendering the firearm;
(13)
the temporary gratuitous exchange of a machine gun convertible pistol; or
(14)
the sale, offer for sale, purchase, receipt, or transfer of a machine gun convertible pistol to or by a person who:
(i)
is currently a law enforcement official, as defined in § 4–201 of this title; or
(ii)
has retired as a law enforcement official in good standing from a law enforcement agency of the United States, the State or another state, or a local unit in the State or another state and possesses a valid credential issued under 18 U.S.C. § 926C.
Md. Code Ann., Crim. Law § 4-303 (2026)
Title 4. Weapon Crimes
Subtitle 3. Assault Weapons and Detachable Magazines
§ 4–303LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, a person may not:
(1)
transport an assault weapon into the State; or
(2)
possess, sell, offer to sell, transfer, purchase, or receive an assault weapon.
(b)
(1)
A person who lawfully possessed an assault pistol before June 1, 1994, and who registered the assault pistol with the Secretary of State Police before August 1, 1994, may:
(i)
continue to possess and transport the assault pistol; or
(ii)
while carrying a court order requiring the surrender of the assault pistol, transport the assault pistol directly to a law enforcement unit, barracks, or station, a State or local law enforcement agency, or a federally licensed firearms dealer, as applicable, if the person has notified a law enforcement unit, barracks, or station that the person is transporting the assault pistol in accordance with a court order and the assault pistol is unloaded.
(2)
A licensed firearms dealer may continue to possess, sell, offer for sale, or transfer an assault long gun or a copycat weapon that the licensed firearms dealer lawfully possessed on or before October 1, 2013.
(3)
A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may:
(i)
possess and transport the assault long gun or copycat weapon; or
(ii)
while carrying a court order requiring the surrender of the assault long gun or copycat weapon, transport the assault long gun or copycat weapon directly to a law enforcement unit, barracks, or station, a State or local law enforcement agency, or a federally licensed firearms dealer, as applicable, if the person has notified a law enforcement unit, barracks, or station that the person is transporting the assault long gun or copycat weapon in accordance with a court order and the assault long gun or copycat weapon is unloaded.
(4)
A person may transport an assault weapon to or from:
(i)
an ISO 17025 accredited, National Institute of Justice–approved ballistics testing laboratory; or
(ii)
a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
(5)
A federally licensed firearms dealer may receive and possess an assault weapon received from a person in accordance with a court order to transfer firearms under § 6–234 of the Criminal Procedure Article.
Md. Code Ann., Crim. Law § 4-304 (2026)
Title 4. Weapon Crimes
Subtitle 3. Assault Weapons and Detachable Magazines
§ 4–304LinkCopy Citation
A law enforcement unit may seize as contraband and dispose of according to regulation an assault weapon transported, sold, transferred, purchased, received, or possessed in violation of this subtitle.
Md. Code Ann., Crim. Law § 4-305 (2026)
Title 4. Weapon Crimes
Subtitle 3. Assault Weapons and Detachable Magazines
§ 4–305LinkCopy Citation
(a)
This section does not apply to:
(1)
a .22 caliber rifle with a tubular magazine; or
(2)
a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b)
A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.
Md. Code Ann., Crim. Law § 4-305.1 (2026)
Title 4. Weapon Crimes
Subtitle 3. Assault Weapons and Detachable Magazines
§ 4–305.1LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, a person may not:
(1)
transport a rapid fire activator into the State; or
(2)
manufacture, possess, sell, offer to sell, transfer, purchase, or receive a rapid fire activator.
(b)
This section does not apply to the possession of a rapid fire activator by a person who:
(1)
possessed the rapid fire activator before October 1, 2018;
(2)
applied to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2018, for authorization to possess a rapid fire activator;
(3)
received authorization to possess a rapid fire activator from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2019; and
(4)
is in compliance with all federal requirements for possession of a rapid fire activator.
(c)
Nothing in this section is intended to prohibit the otherwise lawful possession of a part or combination of parts by:
(1)
a police officer or other person employed by a law enforcement agency under circumstances in which the officer or other person possesses the part or parts in accordance with authorization given by the law enforcement agency; or
(2)
a person who has registered a machine gun with the Secretary of State Police under § 4–403 of this title if the part or parts are possessed for use in only, and necessary for the proper function of, a machine gun that is currently registered by the person under § 4–403 of this title.
Md. Code Ann., Crim. Law § 4-305.2 (2026)
Title 4. Weapon Crimes
Subtitle 3. Assault Weapons and Detachable Magazines
§ 4–305.2LinkCopy Citation
(a)
Except as otherwise provided in this section, on or after January 1, 2027, a person may not manufacture, sell, offer for sale, purchase, receive, or transfer a machine gun convertible pistol.
(b)
The Department of State Police shall adopt regulations to implement this section, including publishing a list of prohibited machine gun convertible pistols.
(c)
(1)
In this subsection, “immediate family member” means a spouse, child, stepchild, parent, stepparent, sibling, or stepsibling.
(2)
(i)
A person who lawfully obtained and possesses a machine gun convertible pistol may sell or otherwise transfer a machine gun convertible pistol to an immediate family member who is not prohibited under federal or State law from possessing a firearm.
(ii)
A person who is not otherwise prohibited under federal or State law from possessing a firearm may purchase or otherwise receive a machine gun convertible pistol from an immediate family member who lawfully obtained the pistol.
Md. Code Ann., Crim. Law § 4-306 (2026)
Title 4. Weapon Crimes
Subtitle 3. Assault Weapons and Detachable Magazines
§ 4–306LinkCopy Citation
(a)
Except as otherwise provided in this subtitle, a person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
(b)
(1)
A person who uses an assault weapon, a rapid fire activator, or a magazine that has a capacity of more than 10 rounds of ammunition, in the commission of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty of a misdemeanor and on conviction, in addition to any other sentence imposed for the felony or crime of violence, shall be sentenced under this subsection.
(2)
(i)
For a first violation, the person shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years.
(ii)
The court may not impose less than the minimum sentence of 5 years.
(iii)
The mandatory minimum sentence of 5 years may not be suspended.
(iv)
Except as otherwise provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years.
(3)
(i)
For each subsequent violation, the person shall be sentenced to imprisonment for not less than 10 years and not exceeding 20 years.
(ii)
The court may not impose less than the minimum sentence of 10 years.
(iii)
A sentence imposed under this paragraph shall be consecutive to and not concurrent with any other sentence imposed for the felony or crime of violence.
Subtitle 4. Uniform Machine Gun Act
Md. Code Ann., Crim. Law § 4-401 (2026)
Title 4. Weapon Crimes
Subtitle 4. Uniform Machine Gun Act
§ 4–401LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
(1)
“Crime of violence” means:
(i)
murder in any degree;
(ii)
manslaughter;
(iii)
kidnapping;
(iv)
rape in any degree;
(v)
assault in the first degree;
(vi)
robbery under § 3–402 or § 3–403 of this article;
(vii)
burglary in any degree;
(viii)
home invasion under § 6–202(b) of this article;
(ix)
escape in the first degree; or
(x)
theft.
(2)
“Crime of violence” includes an attempt to commit a crime listed in paragraph (1) of this subsection.
(c)
“Machine gun” means a loaded or unloaded weapon that is capable of automatically discharging more than one shot or bullet from a magazine by a single function of the firing device.
Md. Code Ann., Crim. Law § 4-402 (2026)
Title 4. Weapon Crimes
Subtitle 4. Uniform Machine Gun Act
§ 4–402LinkCopy Citation
(a)
The presence of a machine gun in a room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle.
(b)
This subtitle does not prohibit or interfere with:
(1)
the manufacture, sale, and transportation of a machine gun for or to a military force or peace officer of the United States, a state, or a political subdivision of a state;
(2)
the possession of a machine gun for a scientific purpose;
(3)
the possession, as a curiosity, ornament, or keepsake, of a machine gun that cannot be used as a weapon;
(4)
the possession of a machine gun for a purpose that is manifestly not aggressive or offensive; or
(5)
the transportation of a lawfully possessed machine gun by a person who is carrying a court order requiring the surrender of the machine gun, if:
(i)
the machine gun is unloaded;
(ii)
the person has notified the law enforcement unit, barracks, or station that the machine gun is being transported in accordance with the court order; and
(iii)
the person transports the machine gun directly to the law enforcement unit, barracks, or station.
(c)
(1)
A court may issue a warrant to search for and seize a machine gun possessed in violation of this subtitle under the same procedure as for issuance of a warrant for stolen property.
(2)
On application by the State’s Attorney, a court may order the confiscation or destruction of a legally seized machine gun or the transfer of the machine gun to a peace officer of the State or a political subdivision of the State.
Md. Code Ann., Crim. Law § 4-403 (2026)
Title 4. Weapon Crimes
Subtitle 4. Uniform Machine Gun Act
§ 4–403LinkCopy Citation
(a)
(1)
A manufacturer of a machine gun shall keep a register of each machine gun manufactured or handled by the manufacturer.
(2)
The register shall contain:
(i)
the method of manufacture and serial number of the machine gun;
(ii)
the date of manufacture, sale, loan, gift, delivery, and receipt of the machine gun from the manufacturer; and
(iii)
the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom the machine gun was received, and the purpose for which the machine gun was acquired.
(3)
A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(b)
(1)
On demand, a manufacturer of a machine gun shall allow a marshal, sheriff, or police officer to inspect the manufacturer’s entire stock of machine guns, parts, and supplies and the register required under subsection (a) of this section.
(2)
A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(c)
(1)
A person who acquires a machine gun shall register the machine gun with the Secretary of State Police:
(i)
within 24 hours after acquiring the machine gun; and
(ii)
in each succeeding year during the month of May.
(2)
The Secretary of State Police shall prepare and, on request of an applicant, furnish an application form for registration under this subsection.
(3)
An application for registration shall contain:
(i)
the make, model, serial number, caliber, type, barrel length, finish, and country of origin of the machine gun;
(ii)
the name, address, race, gender, date of birth, Maryland driver’s license number, and occupation of the person in possession of the machine gun; and
(iii)
the name of the person from whom the machine gun was acquired and the purpose for acquiring the machine gun.
(4)
Each application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable registration fee of $10.
(5)
Registration data provided under this section is not open to public inspection.
Md. Code Ann., Crim. Law § 4-404 (2026)
Title 4. Weapon Crimes
Subtitle 4. Uniform Machine Gun Act
§ 4–404LinkCopy Citation
(a)
A person may not use or possess a machine gun in the commission or attempted commission of a crime of violence.
(b)
A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
Md. Code Ann., Crim. Law § 4-405 (2026)
Title 4. Weapon Crimes
Subtitle 4. Uniform Machine Gun Act
§ 4–405LinkCopy Citation
(a)
Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when:
(1)
the machine gun:
(i)
is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun is found;
(ii)
is in the possession of, or used by, an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any state or federal court of the United States; or
(iii)
is not registered as required under § 4-403 of this subtitle; or
(2)
empty or loaded shells that have been used or are susceptible of being used in the machine gun are found in the immediate vicinity of the machine gun.
(b)
A person may not possess or use a machine gun for an offensive or aggressive purpose.
(c)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years.
(d)
A person who violates this section is subject to § 5-106(b) of the Courts Article.
Md. Code Ann., Crim. Law § 4-406 (2026)
Title 4. Weapon Crimes
Subtitle 4. Uniform Machine Gun Act
§ 4–406LinkCopy Citation
This subtitle shall be interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
Md. Code Ann., Crim. Law § 4-407 (2026)
Title 4. Weapon Crimes
Subtitle 4. Uniform Machine Gun Act
§ 4–407LinkCopy Citation
This subtitle may be cited as the Uniform Machine Gun Act.
Subtitle 5. Destructive Devices
Md. Code Ann., Crim. Law § 4-501 (2026)
Title 4. Weapon Crimes
Subtitle 5. Destructive Devices
§ 4–501LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
(1)
“Destructive device” means explosive material, incendiary material, or toxic material that is:
(i)
combined with a delivery or detonating apparatus so as to be capable of inflicting injury to persons or damage to property; or
(ii)
deliberately modified, containerized, or otherwise equipped with a special delivery, activation, or detonation component that gives the material destructive characteristics of a military ordnance.
(2)
“Destructive device” includes a bomb, grenade, mine, shell, missile, flamethrower, poison gas, Molotov cocktail, pipe bomb, and petroleum-soaked ammonium nitrate.
(c)
(1)
“Explosive material” means material that explodes when detonated and has a destructive capability.
(2)
“Explosive material” includes:
(i)
explosives as defined in § 11-101 of the Public Safety Article; and
(ii)
dynamite for construction work, ammonium nitrate, natural gas in pipelines or storage tanks, ether, and cannisterized oxygen for health care facilities.
(3)
“Explosive material” does not include items excluded from explosives in § 11-101 of the Public Safety Article when the items are used in their original configuration.
(d)
(1)
“Incendiary material” means a flammable or combustible liquid.
(2)
“Incendiary material” includes gasoline, acetone, benzene, butane, jet fuel, fuel oil, kerosene, and diesel fuel.
(e)
(1)
“Toxic material” means material that is capable of causing death or serious bodily injury almost immediately on being absorbed through the skin, inhaled, or ingested.
(2)
“Toxic material” includes:
(i)
nerve gas, mustard gas, cyanide gas, chlorine gas, sulphuric acid, or their precursors; and
(ii)
a biological substance containing a disease organism or microorganism.
Md. Code Ann., Crim. Law § 4-502 (2026)
Title 4. Weapon Crimes
Subtitle 5. Destructive Devices
§ 4–502LinkCopy Citation
This subtitle does not apply to:
(1)
a member of the armed forces of the United States or of the National Guard or law enforcement personnel of the United States, the State, or a political subdivision of the State while acting within the scope of official duties;
(2)
an officer or employee of the United States, the State, or a political subdivision of the State who is authorized to handle a destructive device within the scope of official duties and who is acting within the scope of those duties;
(3)
a person authorized by law to possess explosive material, incendiary material, or toxic material who is acting within the scope of authority if the possession of the material is specifically regulated or licensed by law; or
(4)
a person who possesses smokeless or black gunpowder under Title 11, Subtitle 1 of the Public Safety Article and uses the gunpowder for loading or reloading small arms ammunition, antique firearms, or replicas of antique firearms.
Md. Code Ann., Crim. Law § 4-503 (2026)
Title 4. Weapon Crimes
Subtitle 5. Destructive Devices
§ 4–503LinkCopy Citation
(a)
A person may not knowingly:
(1)
manufacture, transport, possess, control, store, sell, distribute, or use a destructive device; or
(2)
possess explosive material, incendiary material, or toxic material with intent to create a destructive device.
(b)
(1)
A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $250,000 or both.
(2)
A sentence imposed under this subsection may be separate from and consecutive to or concurrent with a sentence for a crime based on the act or acts establishing the violation of this section.
(3)
In addition to any other penalty authorized by law, if the person convicted or found to have committed a delinquent act under this section is a minor, the court may order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of the minor for a specified period not to exceed:
(i)
for a first violation, 6 months; and
(ii)
for each subsequent violation, 1 year or until the person is 21 years old, whichever is longer.
(c)
(1)
In addition to any penalty provided in subsection (b) of this section, a person convicted or found to have committed a delinquent act under this section may be ordered by the court to pay restitution to:
(i)
the State, county, municipal corporation, bicounty agency, multicounty agency, county board of education, public authority, or special taxing district for actual costs reasonably incurred due to a violation of this section, including the search for, removal of, and damages caused by a destructive device; and
(ii)
the owner or tenant of a property for the actual value of any goods, services, or income lost as a result of the evacuation of the property or damage sustained due to a violation of this section.
(2)
(i)
If a person convicted or found to have committed a delinquent act under this section is a minor, the court may order the minor, the minor’s parent, or both to pay the restitution described in paragraph (1) of this subsection.
(ii)
Except as otherwise provided in this section, the provisions of Title 11, Subtitle 6 of the Criminal Procedure Article apply to an order of restitution under this paragraph.
(3)
This subsection does not limit the right of a person to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article.