Can you buy an AR15 in Maryland?

NOTE: This post was updated in 2019 with current information regarding Maryland gun laws.

After a mass shooting, attention is focused on the availability of the weapon used. Most times that weapon is a semi-automatic, assault style, rifle. How did the person obtain the weapon and why is it available to public, are the questions usually asked. As you probably have figured out gun laws in the U.S. are convoluted. Laws on gun possession and sale differ from state to state. Too many to try to explain in a single post. For this blog the question raised is-Can you buy an AR15 in Maryland? The short answer is no.

However, the weapon used in the Dayton, Ohio shooting could be sold in Maryland. The Anderson Manufacturing .223 caliber AM-15 used by the Dayton shooter is currently not approved for sale by the Handgun Roster Board (See Guns approved for sale in Maryland below). But a similar gun, the .300 caliber AM-15 is approved for sale in Maryland. A "loophole" to Maryland's assault weapons ban. 

Assault style weapons

The federal government and some states have strict laws regarding the regulation and availability of fully automatic weapons or machine guns. What is more readily available are assault style weapons that are similar to what the military uses but in a semi-automatic capacity (firing one bullet and automatically reloading with each depression of the trigger). “AR15” is a type of civilian rifle modeled after what the U.S. military issues. Although it is a specific product the name is also used incorrectly to identify a wider variety of assault style weapons. When, in fact, there are many different manufacturers and models.

The Federal government banned semi-automatic assault style weapons in 1994. However, the ban expired in 2004 and those guns became legal for sale once again. Maryland banned the sale of what is defined as an “assault rifle” or ”assault long gun” in the Firearm Safety Act of 2013. The types of weapons included are what are commonly known as “AR15”s and all variants or copies. However, persons that legally possessed these types of weapons prior to October 1, 2013 could continue to possess them. They just couldn’t be sold within the state.

The Maryland State Police is tasked with regulating firearm sales in Maryland. This link, Maryland State Police Firearm Search, explains what can and cannot be possessed and sold. Other states with bans on the sale of assault style rifles are: California, Connecticut, Massachusetts, New Jersey, New York, and the District of Columbia.

Guns approved for sale in Maryland

In addition to regulating the sale of firearms, Maryland law also determines what guns can and cannot be sold in the State. Handguns manufactured after 1985 can only be sold in Maryland if the Handgun Roster Board has specifically approved it for sale and placed it on the Official Handgun Roster. The Handgun Roster Board is part of the Maryland State Police and consists of eleven members-The Secretary of the State police and ten people appointed by the Governor for terms of four years.

You may search manufacturers to determine if a handgun is on the handgun roster and legal for sale in Maryland thru this link.  Handgun Roster search

Waiting periods

Waiting periods and firearm sale laws are also being discussed in the news. Maryland has some of the strictest firearm laws in the country. 1995, 2000, and 2013 saw major legislation packages passed that restricted the sale and types of firearms that could be sold in Maryland. Even before that, in 1966, Maryland was one of the first states to pass legislation regarding waiting periods for purchasing handguns. Since 1966, a firearm dealer must wait seven days before the gun may be transferred to the purchaser. During this time, the Maryland State Police conducts it’s background check of the prospective purchaser. The Responsible Gun Safety Act of 2000 expanded the waiting period and background checks to include the private sale of handguns between individuals.

Only nine states and the District of Columbia currently have waiting periods-California, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Jersey, and Rhode Island. Waiting periods for gun sales received a boost on February 20, 2018 when the Supreme Court dismissed a 2^nd Amendment challenge to California’s 10-day waiting period as a “reasonable safety” precaution.

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How to buy a gun in Maryland January 2017