# Criminal Law (GCR)

## Title 4. Weapon Crimes

### Subtitle 1. General Provisions

#### Section 4-101

(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.

#### Section 4-102

(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.

#### Section 4-103

(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.

#### Section 4-104

(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 Sec. 4-201 of this title, or any other firearm.

    (ii) "Firearm" does not include an antique firearm as defined in Sec. 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 Sec. 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.

#### Section 4-105

(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.

#### Section 4-106

(a)

  (1) In this section and Sec. 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 Sec. 14-101 of this article.

  (5) "Drug trafficking crime" has the meaning stated in Sec. 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 Sec. 4-201 of this title;

    (ii) an assault pistol as defined in Sec. 4-301 of this title;

    (iii) a machine gun as defined in Sec. 4-401 of this title; and

    (iv) a regulated firearm as defined in Sec. 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.

#### Section 4-107

(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.

#### Section 4-108

(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 Sec. 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.

#### Section 4-109

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Crime of violence" has the meaning stated in Sec. 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 Sec. 5-602, Sec. 5-603, Sec. 5-604, Sec. 5-605, Sec. 5-606, Sec. 5-613, or Sec. 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.

#### Section 4-110

(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 Sec. 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.

#### Section 4-111

(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 Sec. 15-10B-01(g)(1), (2), (3), and (4) of the Insurance Article.

  (3) "Firearm" has the meaning stated in Sec. 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 Sec. 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 Sec. 1-101 of the Public Utilities Article;

    (v) a gas plant, as defined in Sec. 1-101 of the Public Utilities Article; or

    (vi) a nuclear power plant facility.

  (5) "Law enforcement official" has the meaning stated in Sec. 4-201 of this title.

  (6) "Police officer" has the meaning stated in Sec. 3-201 of the Public Safety Article.

  (7) "ROTC" means Reserve Officer Training Corps.

  (8) "Service member" has the meaning stated in Sec. 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 Sec. 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 Sec. 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.

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Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)