# Criminal Law (GCR)

## Title 4. Weapon Crimes

### Subtitle 2. Handguns

#### Section 4-201

(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 Sec. 2-208.3 of the Criminal Procedure Article;

  (4) a Montgomery County fire and explosive investigator as defined in Sec. 2-208.1 of the Criminal Procedure Article;

  (5) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in Sec. 2-208.2 of the Criminal Procedure Article;

  (6) a Worcester County fire and explosive investigator as defined in Sec. 2-208.4 of the Criminal Procedure Article;

  (7) a City of Hagerstown fire and explosive investigator as defined in Sec. 2-208.5 of the Criminal Procedure Article; or

  (8) a Howard County fire and explosive investigator as defined in Sec. 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.

#### Section 4-202

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.

#### Section 4-203

(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, Sec. 4-204 of this subtitle, or Sec. 4-101 or Sec. 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, Sec. 4-204 of this subtitle, or Sec. 4-101 or Sec. 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 Sec. 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, Sec. 4-204 of this subtitle, or Sec. 4-101 or Sec. 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 Sec. 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.

#### Section 4-204

(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 Sec. 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 Sec. 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.

#### Section 4-205

(a) Notwithstanding Sec. 14-102 of this article or any other provision of law, except with respect to a sentence prescribed in Sec. 4-203(c)(2) of this subtitle, a court may not:

  (1) enter a judgment for less than the mandatory minimum sentence prescribed in Sec. 4-203 or Sec. 4-204 of this subtitle in a case in which a mandatory minimum sentence is specified under Sec. 4-203 or Sec. 4-204 of this subtitle; or

  (2) suspend a mandatory minimum sentence prescribed in Sec. 4-203 or Sec. 4-204 of this subtitle.

(b) Notwithstanding Sec. 14-102 of this article or any other provision of law:

  (1) except with respect to a sentence prescribed in Sec. 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 Sec. 4-203(c)(2) of this subtitle, a court may not order probation with respect to a case arising under Sec. 4-203 or Sec. 4-204 of this subtitle that would have the effect of reducing the actual period of imprisonment prescribed in Sec. 4-203 or Sec. 4-204 of this subtitle as a mandatory minimum sentence.

#### Section 4-206

(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 Sec. 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 Sec. 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 Sec. 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.

#### Section 4-208

(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 Sec. 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.

#### Section 4-209

(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.

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