How to Sell a Gun in Maryland?
The State of Maryland has various regulations that affect the transfer or sale of a gun. for those looking to buy or sell a firearm, understanding current state and federal regulations will be crucial for those looking to buy and sale a firearm. CashMyGuns has compiled a insightful guide to help those in the state navigate the complicated process of buying and selling a gun in Maryland.
The following information is compiled from a memorandum of Maryland State Laws and Published Ordinances from the Maryland Office of Attorney General to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Buying and Selling a Firearm in Maryland
In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. Anyone buying a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473. The purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the licensed firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
Below is the legal text:
Section 5-117.1. Handgun qualification license required for purchase of handguns.
(a) Exclusions. This section does not apply to:
(1) a licensed firearms manufacturer;
(2) a law enforcement officer or person who is retired in good standing from service with a law enforcement agency of the United States, the State, or a local law enforcement agency of the State;
(3) a member or retired member of the armed forces of the United States or the National Guard; or
(4) a person purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
(b) In general. A dealer or any other person may not sell, rent, or transfer a handgun to a purchaser, lessee, or transferee unless the purchaser, lessee, or transferee presents to the dealer or other person a valid handgun qualification license issued to the purchaser, lessee, or transferee by the Secretary under this section.
(c) Requirements. A person may purchase, rent, or receive a handgun only if the person:
(i) possesses a valid handgun qualification license issued to the person by the Secretary in accordance with this section;
(ii) possesses valid credentials from a law enforcement agency or retirement credentials from a law enforcement agency;
(iii) is an active or retired member of the armed forces of the United States or the National Guard and possesses a valid military identification card; or
(iv) is purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and
(2) is not otherwise prohibited from purchasing or possessing a handgun under State or federal law.
(d) Qualifications for license. Subject to subsections (f) and (g) of this section, the Secretary shall issue a handgun qualification license to a person who the Secretary finds:
(1) is at least 21 years old;
(2) is a resident of the State;
(3) except as provided in subsection (e) of this section, has demonstrated satisfactory completion, within 3 years prior to the submission of the application, of a firearms safety training course approved by the Secretary that includes:
(i) a minimum of 4 hours of instruction by a qualified handgun instructor;
(ii) classroom instruction on:
1. State firearm law;
2. home firearm safety; and
3. handgun mechanisms and operation; and
(iii) a firearms orientation component that demonstrates the person’s safe operation and handling of a firearm; and
(4) based on an investigation, is not prohibited by federal or State law from purchasing or possessing a handgun.
(e) Waiver of training course. An applicant for a handgun qualification license is not required to complete a firearms safety training course under subsection (d) of this section if the applicant:
(1) has completed a certified firearms training course approved by the Secretary;
(2) has completed a course of instruction in competency and safety in the handling of firearms prescribed by the Department of Natural Resources under § 10-301.1 of the Natural Resources Article;
(3) is a qualified handgun instructor;
(4) is an honorably discharged member of the armed forces of the United States or the National Guard;
(5) is an employee of an armored car company and has a permit issued under Title 5, Subtitle 3 of this article; or
(6) lawfully owns a regulated firearm.
(f) State and national criminal history records check for each applicant.
(1) In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(2) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a handgun qualification license.
(3) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:
(i) a complete set of the applicant’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(4) The Central Repository shall provide a receipt to the applicant for the fees paid in accordance with paragraph (3)(ii) and (iii) of this subsection.
(5) In accordance with §§ 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant’s criminal history information.
(6) Information obtained from the Central Repository under this section:
(i) is confidential and may not be disseminated; and
(ii) shall be used only for the licensing purpose authorized by this section.
(7) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Department of State Police Licensing Division a revised printed statement of the applicant’s or licensee’s State criminal history record.
(g) Application; fee; other documentation. An applicant for a handgun qualification license shall submit to the Secretary:
(1) an application in the manner and format designated by the Secretary;
(2) a nonrefundable application fee to cover the costs to administer the program of up to $50;
(i) proof of satisfactory completion of:
1. a firearms safety training course approved by the Secretary; or
2. a course of instruction in competency and safety in the handling of firearms prescribed by the Department of Natural Resources under § 10-301.1 of the Natural Resources Article; or
(ii) a valid firearms instructor certification;
(4) any other identifying information or documentation required by the Secretary; and
(5) a statement made by the applicant under the penalty of perjury that the applicant is not prohibited under federal or State law from possessing a handgun.
(h) Issuance of handgun qualification license.
(1) Within 30 days after receiving a properly completed application, the Secretary shall issue to the applicant:
(i) a handgun qualification license if the applicant is approved; or
(ii) a written denial of the application that contains:
1. the reason the application was denied; and
2. a statement of the applicant’s appeal rights under subsection (l) of this section.
(i) An individual whose fingerprints have been submitted to the Central Repository, and whose application has been denied, may request that the record of the fingerprints be expunged by obliteration.
(ii) Proceedings to expunge a record under this paragraph shall be conducted in accordance with § 10-105 of the Criminal Procedure Article.
(iii) On receipt of an order to expunge a fingerprint record, the Central Repository shall expunge by obliteration the fingerprints submitted as part of the application process.
(iv) An individual may not be charged a fee for the expungement of a fingerprint record in accordance with this paragraph.
(i) Expiration. A handgun qualification license issued under this section expires 10 years from the date of issuance.
(j) Renewal of handgun qualification license.
(1) The handgun qualification license may be renewed for successive periods of 10 years each if, at the time of an application for renewal, the applicant:
(i) possesses the qualifications for the issuance of the handgun qualification license; and
(ii) submits a nonrefundable application fee to cover the costs to administer the program up to $20.
(2) An applicant renewing a handgun qualification license under this subsection is not required to:
(i) complete the firearms safety training course required in subsection (d)(3) of this section; or
(ii) submit to a State and national criminal history records check as required in subsection (f) of this section.
How to Conduct a Private Sale of a Firearm in Maryland?
In Maryland, sellers who are not federal licensed firearm dealers will have to complete a private sale of a firearm through a FFL dealer in order to legally sell the gun to a buyer who is also not a federally licensed individual. This applies to all firearms including handguns, rifles and shotguns. Below is the legal text :
Section 5-134. Restrictions on sale, rental, or transfer of regulated firearms.
(a) Preemption by State. This section supersedes any restriction that a local jurisdiction in the State imposes on the transfer by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the transfer of a regulated firearm.
(b) Sale, rental, or transfer of regulated firearm prohibited. A dealer or other person may not sell, rent, loan, or transfer a regulated firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows or has reasonable cause to believe:
(1) is under the age of 21 years, unless the regulated firearm is loaned to a borrower who may possess the regulated firearm under § 5-133(d) of this subtitle;
(2) has been convicted of a disqualifying crime;
(3) has been convicted of a conspiracy to commit a felony;
(4) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;
(5) is a fugitive from justice;
(6) is a habitual drunkard;
(7) is addicted to a controlled dangerous substance or is a habitual user;
(8) suffers from a mental disorder as defined in § 10-101(i)(2) of the Health – General Article, and has a history of violent behavior against the purchaser, lessee, borrower, or transferee or another, unless the purchaser, lessee, or transferee possesses a physician’s certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, or transferee or to another;
(9) has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health – General Article, unless the purchaser, lessee, or transferee possesses a physician’s certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, or transferee or to another;
(10) is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article;
(11) if under the age of 30 years at the time of the transaction, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult;
(12) is visibly under the influence of alcohol or drugs;
(13) is a participant in a straw purchase;
(14) subject to subsection (c) of this section for a transaction under this subsection that is made on or after January 1, 2002, has not completed a certified firearms safety training course conducted free of charge by the Police Training Commission or that meets standards established by the Police Training Commission under § 3-207 of this article; or
(15) intends to use the regulated firearm to:
(I) commit a crime; or
(II) cause harm to the purchaser, lessee, transferee, or recipient or another person.
(c) Exemption from certified firearms training course requirement. A person is not required to complete a certified firearms safety training course under subsection (b)(14) of this section if the person:
(1) has already completed a certified firearms safety training course required under subsection (b)(14) of this section;
(2) is a law enforcement officer of the State or any local law enforcement agency in the State;
(3) is a member, retired member, or honorably discharged member of the armed forces of the United States or the National Guard;
(4) is a member of an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition;
(5) has been issued a permit to carry a handgun under Subtitle 3 of this title; or
(6) is the borrower of a firearm.
(d) Sale, rental, or transfer of regulated firearm to minor prohibited.
(1) A person may not sell, rent, or transfer:
(i) ammunition solely designed for a regulated firearm to a person who is under the age of 21 years; or
1. a firearm other than a regulated firearm to a minor;
2. ammunition for a firearm to a minor;
4. another deadly weapon to a minor.
State Restrictions on Gun Sales in Maryland
Under Maryland state law, a person may not possess a regulated firearm if the person:
- Has been convicted of a disqualifying crime
- Has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years
- Is a fugitive from justice
- Is a habitual drunkard
- Is addicted to a controlled dangerous substance or is a habitual user
- Suffers from a mental disorder and has a history of violent behavior against the person or another
- Has been found incompetent to stand trial
- Has been found not criminally responsible
- Has been voluntarily admitted for more than 30 days to a facility defined in Section 10-101 of the Health – General Article
- Has been involuntarily committed to a facility as defined in Section 10-101 of the Health – General Article
- Is under the protection of a guardian appointed by a court, except for cases in which the appointment of a guardian is solely a result of a physical disability
- Is a respondent against whom:
- A current non ex parte civil protective order has been entered
- An order for protection has been issued by a court of another state or a Native American tribe and is in effect
- If under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult
- If the person was previously convicted of:
- A crime of violence
- A violation of several sections in the Criminal Law Article outlined here
- An offense under the laws of another state or the United States that would constitute one of the crimes listed above if committed in this State
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 10/25/2021 at atf.gov/firearms/docs/guide/maryland-firearms-statutes-and-codes/download