Are Police Exempt From Maryland's Ar-15 Laws?

Maryland has strict gun laws that regulate the sale, possession, and use of firearms and ammunition. While the state does not ban handguns, rifles, or shotguns, it heavily regulates them. Handguns, for instance, require a license to buy and must be registered with the state at the time of purchase. Maryland also prohibits the possession, sale, offering of sale, transfer, purchase, receipt, or transportation of assault weapons, which includes assault pistols and assault long guns. Certain models of firearms are banned as assault pistols and assault long guns, and it is illegal to possess an assault weapon or a copycat weapon with specific features unless owned before a certain date or received through inheritance. The state also has a 10-round magazine limit and requires safety training and background checks for handgun purchases.

Maryland has no constitutional right to bear arms

The absence of a constitutional right to bear arms in Maryland means that the state has the authority to regulate the possession, sale, carrying, and transportation of firearms. Maryland has enacted several laws and restrictions regarding firearms. For example, it is unlawful for any person without a permit to carry a handgun openly or concealed, and there are restrictions on the transportation of firearms in vehicles. Maryland also prohibits the possession, sale, and transfer of certain "assault weapons" and has strict requirements for handgun qualification licenses.

The Maryland Constitution's lack of a right to bear arms sets it apart from many other states in the country. A review of state constitutions by Professor Eugene Volokh of UCLA Law School found that a majority of states do have provisions protecting an individual right to bear arms, at least partly aimed at self-defense. However, a few states, like Maryland, do not have such a provision.

The issue of the right to bear arms in Maryland has been a subject of ongoing debate and legal challenges. While the state's highest court has not explicitly ruled on the matter, lower courts and the Attorney General have offered interpretations that do not support an individual right to bear arms. Nonetheless, the absence of a constitutional right to bear arms in Maryland does not imply that citizens have no rights regarding firearms. The state's laws and regulations aim to balance the interests of public safety and the rights of responsible gun owners.

In summary, Maryland's constitution does not include a right to bear arms. This distinction has significant implications for gun laws and policies in the state, and it sets Maryland apart from many other states with constitutional provisions protecting gun ownership. The interpretation and enforcement of gun-related laws in Maryland continue to be a subject of discussion and legal challenges.

Maryland bans the possession, sale, transfer, purchase, receipt, or transportation of assault weapons

Maryland also defines an assault weapon "copycat weapon" as:

• A semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following: a folding stock, a grenade or flare launcher, or a flash suppressor.
• A semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
• A semiautomatic centerfire rifle that has an overall length of less than 29 inches.
• A semiautomatic pistol with a fixed magazine that can accept more than 10 rounds.
• A semiautomatic shotgun that has a folding stock.
• A shotgun with a revolving cylinder.

There are some exceptions to the prohibitions, including returning an assault weapon to a customer in another state that was transferred to a licensed firearms dealer under the terms of a warrant or for repair. Another exception is the possession of an inherited assault weapon, as long as the person inheriting the assault weapon is not otherwise disqualified from possessing a regulated firearm.

Additionally, a person who lawfully possessed an assault pistol before June 1, 1994, may continue to transport and possess the weapon if it was registered with the Maryland State Police before August 1, 1994. A licensed firearms dealer may continue to possess, sell, offer for sale, or transfer an assault long gun or a copycat weapon that the dealer lawfully possessed on or before October 1, 2013.

A person who lawfully possesses or has a purchase order for, or has completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may possess and transport the assault long gun or copycat weapon. They may also, while carrying a court order requiring the surrender of the assault long gun or copycat weapon, transport the weapon directly to a local law enforcement unit if they have notified the unit that they are transporting the weapon in accordance with a court order and the weapon is unloaded.

A person may transport an assault weapon to or from an "ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory" or a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.

Assault weapons qualify as state-defined "regulated firearms," and transfers of such guns, if allowed at all, are subject to enhanced background checks, firearms dealer regulations, private sales requirements, and reporting of lost or stolen firearms regulations. In addition, purchasers must be 21 or older, are subject to the state's seven-day waiting period, and are limited to one assault weapon in any 30-day period.

Handgun Qualification License is required to purchase a handgun in Maryland

In the state of Maryland, a Handgun Qualification License (HQL) is required to purchase a handgun. This is part of the state's regulation of the sale, transfer, rental, and possession of what are known as "regulated firearms". These are defined as handguns and "assault weapons". While the sale or transfer of assault weapons is generally prohibited, residents may still purchase handguns by obtaining an HQL.

To obtain an HQL in Maryland, an applicant must meet the following requirements:

• Be at least 21 years old.
• Be a resident of Maryland.
• Have completed a certified firearms training course or be exempt from this requirement.
• Not be prohibited under state or federal law from purchasing or possessing a handgun.

The HQL must be issued or denied within 30 days of the application and is valid for 10 years unless revoked. A fee of up to $20 may be charged to the applicant. It is important to note that Maryland has strict laws regarding the purchase and possession of firearms, and it is the buyer's responsibility to ensure they comply with all applicable regulations.

In addition to the HQL requirement, there are other important considerations for purchasing a handgun in Maryland. For example, a person may not purchase more than one regulated firearm in a 30-day period, unless their firearm is stolen or lost within that period. In such cases, they must provide a copy of the official police report to the licensed regulated firearms dealer.

Furthermore, Maryland has a Handgun Roster Board that maintains a list of approved handguns. A person may not manufacture, sell, or offer for sale any handgun manufactured after January 1, 1985, that is not included on this roster. The board also reviews the status of personalized handguns and reports annually to the governor and legislature.

Maryland also has specific requirements for the sale or transfer of handguns by regulated firearms dealers. For instance, a seven-day waiting period is mandated for such transactions, during which the dealer or law enforcement agency forwards the buyer's application to the Secretary of the State Police for investigation. The handgun may only be delivered to the purchaser if no action is taken within seven working days and the application is approved.

Maryland is a may issue state for concealed carry

Maryland is a may-issue state for concealed carry, meaning that while it is not entirely impossible to obtain a permit, authorities have the right to deny applications if specific criteria are not met. Maryland's may-issue policy includes a unique condition: applicants must provide a “good and substantial reason” for carrying a handgun. This requirement is more stringent than in most may-issue states, giving authorities the right to deny applications that don't meet this criterion.

To obtain a Maryland Wear and Carry Handgun Permit (WCHP), applicants must meet several requirements, including being at least 21 years old (18-21-year-olds can only obtain a permit to possess a firearm for employment purposes) and completing a state-approved 16-hour firearms training course. Maryland also requires a permit, background check, and firearms registration to buy a handgun from a private individual.

Maryland has strict restrictions on carrying firearms in vehicles without a WCHP. In most cases, firearms must be unloaded and stored in a special case that is not accessible to passengers during transit. Additionally, Maryland prohibits the carrying of any firearm larger than a handgun in public, even with a WCHP.

Maryland is the only US state that does not honor concealed carry licenses or permits from any other state. Therefore, it is illegal to carry a concealed firearm in Maryland without a Maryland-issued permit, and violators may face criminal prosecution.

Maryland police have been accused of targeting out-of-state drivers with concealed-carry permits

Maryland's Gun Laws:

Maryland has strict gun laws that apply to both residents and out-of-state visitors. Here are some key points to know:

• Permits: Maryland is a "shall-issue" state, which means that the state is required to issue a permit to carry a concealed firearm if the applicant meets certain requirements. The permit is called a Maryland Wear/Carry Handgun Permit (WCHP) and is issued by the Maryland State Police.
• Eligibility: To be eligible for a WCHP, applicants must be at least 21 years old (18 years old for employment purposes only) and must complete a state-approved firearms training course. Applicants must also pass a background check and cannot have certain criminal convictions or a history of drug or alcohol abuse.
• Restrictions: Even with a WCHP, there are places in Maryland where carrying a firearm is prohibited. These include schools, state parks, rest areas, bars, and restaurants that serve alcohol. Additionally, open carry of firearms is prohibited as of October 1, 2023.
• Reciprocity: Maryland does not honor concealed carry permits from other states. However, Maryland residents can obtain a non-resident permit from other states that have reciprocity with Maryland.
• Assault Weapons Ban: Maryland has a ban on the possession, sale, and transfer of "assault weapons," which includes certain types of rifles, shotguns, and pistols. The state also prohibits the sale of magazines that hold more than 10 rounds of ammunition.
• Purchase and Registration: To purchase a handgun in Maryland, buyers must undergo a background check and obtain a Handgun Qualification License (HQL). All handguns must be registered with the Secretary of the Maryland State Police within 90 days of establishing residency in the state.

Targeting Out-of-State Drivers:

Out-of-state drivers with concealed-carry permits have reported being targeted by Maryland police. There have been accusations that Maryland police are profiling out-of-state drivers, particularly those with license plates from states with more lenient gun laws. These drivers have reported being pulled over and questioned about their firearms, even when they are following Maryland's gun laws.

Legal Protections for Gun Owners:

It is important to know your rights as a gun owner in Maryland. The Second Amendment of the U.S. Constitution protects the right to keep and bear arms, and Maryland's gun laws cannot infringe upon those rights. Additionally, Maryland has a "Castle Doctrine" law, which allows individuals to use deadly force in self-defense if they reasonably believe they are in imminent danger. However, there is a duty to retreat if possible before using deadly force.

In conclusion, while Maryland has strict gun laws, it is important for both residents and visitors to understand their rights and responsibilities when carrying a firearm in the state. Maryland police must enforce the law fairly and equally, and any profiling or targeting of out-of-state drivers with concealed-carry permits is unacceptable and may violate the Second Amendment rights of those individuals.

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