The United States Supreme Court has denied review of a case challenging Maryland gun law that requires most residents to obtain a permit before purchasing a handgun.
What Does This Mean for the Future of Gun Rights in Maryland?
The decision means the current handgun laws stay in place. So, a Handgun Qualification License (HQL) is still required for those seeking to possess a handgun in Maryland.
Legal Challenges to Maryland's Gun Laws
In a 14-2 decision issued last year, the United States Court of Appeals for the Fourth Circuit rejected a Second Amendment challenge to Maryland state law requiring a permit to purchase a handgun. Gun rights groups challenged the handgun license law, claiming that it infringed on their Second Amendment right to bear arms. But the 4th Circuit ruled in August that the gun advocates were confusing a delay in getting guns, which can happen because of the licensing requirements, with infringement of constitutional rights.
The plaintiffs then appealed the decision to the nation's top court. The U.S. Supreme Court on Jan. 13, 2025 decided against taking up the lawsuit.
Maryland’s Handgun Qualification Licensing law was enacted in 2013 after the 2012 mass shooting at Sandy Hook Elementary School in Connecticut, reflecting the state's commitment to gun control. That tragic incident resulted in the deaths of 20 children and six adults.
Who is Eligible for a Maryland Gun Permit?
Maryland residents who are 21 years old can apply for a handgun permit.
However, certain residents are exempt from the HQL requirement. They include current or retired law enforcement officers in good standing and current or retired members of the U.S. military.
How Do I Apply for a Handgun Qualification License?
A license is required to purchase, rent, or transfer a handgun in Maryland. The HQL is not a permit to carry a handgun in public.
You must satisfy several elements to obtain a handgun permit.
Maryland Handgun License Requirements:
- You must be at least 21 years old.
- You must be a Maryland resident.
- You must submit an application and pay the application fee to the Maryland State Police (MSP). The application can be submitted electronically. MSP can approve or deny handgun permit applications if the requirements are unmet. They can also deny a handgun permit if they believe you're not suitable to carry a handgun.
- Prior to submitting an application, you must provide your fingerprints to a fingerprint service provider as required by the Maryland Department of Public Safety.
- You must pass a background check. This includes checking your criminal history, mental health history, and any protective or peace orders filed against you. Disqualifying factors include felony or misdemeanor convictions that resulted in prison sentences, a conviction involving a controlled substance, and a history of violence.
- The initial application process also requires that you complete a firearms safety training course taught by a qualified handgun instructor. Course elements include gun safety, operation, handling, and state firearm laws. This course must be approved by the Maryland State Police.
Maryland is a "shall issue" state which means that you're allowed to obtain a license to purchase a gun as long as you pass the background check. Maryland used to be a "may issue" state. In a "may issue" state, authorities have the discretion to deny a gun permit, even if you pass the background check, if they have concerns about you.
Active or retired members of the military and active law enforcement officers or those retired in good standing from a law enforcement agency are exempt.
The initial HQL is good for 10 years and can be renewed for successive periods of 10 years.
Wear/Carry Handgun Permits
The HQL is primarily for acquiring and owning a handgun, while the "Wear and Carry Permit" The HQL is for carrying a handgun in public, as outlined by the Maryland Department of Public Safety. If you have a wear/carry handgun permit, you can open-carry or conceal-carry a firearm.
The "wear and carry permit" application process is similar to the HQL. The permits are available to those 21 or older, although 18-year-olds can obtain the permit if carrying a firearm is necessary for their job. You must complete a gun safety training course and pass a background check.
The permit can be denied for several reasons. These include a felony or misdemeanor conviction for which more than one year of jail time has been ordered, a conviction for a crime involving the possession, use, or distribution of a controlled dangerous substance and exhibiting a propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to yourself or others.
Your Maryland Wear and Carry permit is not valid in other states, according to federal law.
Places in Maryland Where Guns Are Banned
Whether or not you have a permit, Maryland bans firearms in a number of places, including but not limited to:
- School property
- Within 1,000 feet of a demonstration in a public place
- Legislative buildings
- Hotels and other lodging establishments
- State forests and parks
- State-owned public property
- Aboard an aircraft
Carrying a Firearm Without a Permit in Maryland
You can carry firearms on your private property or someone else’s private property with their permission.
Can I Carry a Gun in My Car Without a Permit in Maryland?
You can transport a firearm in your vehicle in Maryland without a permit under certain circumstances. Your gun must be stored in a locked container. It must be unloaded. The ammunition must be stored in a separate locked container. The regulated firearm cannot be accessible to the driver while behind the wheel, as mandated by Maryland law. Instead, the gun be stored in the trunk or, if there isn’t a trunk, as far back in the car as possible.
In addition, you can’t store a firearm in your trunk as you run errands. You must intentionally transport the gun from one place to another. You can have a gun in your car on your way to and from a firing range, but if you decide to, for instance, go shopping with the firearm in your car, you could be charged with a misdemeanor.
Penalties for improper gun transportation in Maryland include a fine of as much as $2,500 and up to three years in prison.
Does Maryland Recognize Gun Permits from Other States?
Maryland does not honor permits from other states.
Need Legal Help?
If you're facing gun crime charges, it’s important to hire experienced legal counsel to review your case for defenses. The gun crime lawyers at Maronick Law LLC have experience with Annapolis, Baltimore, Bel Air, Essex, Ocean City, Towson, and White Marsh criminal defense matters.
Maronick Law LLC can meet with you remotely if you have access to Zoom. You can contact the law office at 410.244.5068 or our website for a free consultation.