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.

Please feel free to share this post. See the blog archive for more information on buying guns in Maryland.

How to buy a gun in Maryland January 2017

Synopsis of Maryland gun laws

Maryland gun laws 

The Federal government and each state all have different firearm laws. States do not necessarily have reciprocity. What is permitted in your home state may be a felony in another state. Here is a synopsis of Maryland’s firearm laws based on common concerns. 

·     Maryland has been regulating handguns with background checks and requiring a seven-day waiting period since 1966. Firearms designated as “regulated” (handguns and 45 enumerated rifles) require background checks and a waiting period for being transferred. This includes private sales as well.Shotguns and some rifle sales are not regulated by the State and therefore require no State level background check. 

·     Sales and transfers between private citizens and at gun shows are regulated by the State and require a background check and seven-day wait before transferring.

·     Gun buyers must possess a license before purchasing a firearm, which includes a firearm training course

·     One handgun purchase is allowed every thirty days

·     All new handguns manufactured after January 1, 2003 must include an integrated mechanical safety device

·     Red Flag Law-Enables families and law enforcement to ask courts for an order to temporarily restrict firearms from people found to be a risk t themselves or others. 

·     Assault rifles or “AR15” variants are prohibited from sale

·     Bump stocks are banned in Maryland

·     Convicted domestic abusers are required to surrender guns to law enforcement or a firearms dealer. Law enforcement is permitted to remove firearms from the scene of an alleged act of domestic violence

·     Ammunition: If a person is prohibited from possessing firearms they are prohibited from possessing ammunition

·     Child access- A person may not store or leave a loaded firearm in a location where an unsupervised child may gain access

·     Concealed carry is prohibited unless issued a concealed carry permit regulated by the State

·     Transportation- A person may transport a firearm in a vehicle if unloaded and in an enclosed case or enclosed holster-to and from the place of purchase or repair; shooting range; sporting activities; hunting; dog training.

See also:

How to buy a gun in Maryland?

Can you buy an AR15 in Maryland?

ATF’s list of State laws and ordinances

Maryland General Assembly 2019

The 439th session of Maryland's General Assembly is in the books. Not without some somber news as it's longest serving Speaker of the House, Michael Busch, passed away the day before the end of the session. 

Here is a snapshot of business and public safety bills that passed and are awaiting Governor Hogan’s Signature. 

• $15 minimum wage-Although the Governor vetoed the bill there were enough votes to override the veto. The increase to $15 will be incremented as follows.

Businesses with fewer than 15 employees:

$11 on Jan. 1, 2020

$11.60 on Jan. 1, 2021

$12.20 on Jan. 1, 2022

$12.80 on Jan. 1, 2023

$13.40 on Jan. 1, 2024

$14.00 on Jan. 1, 2025

$14.60 on Jan. 1, 2026

$15 on July 1, 2026 

At least 15 employees:

$11 on Jan. 1, 2020

$11.75 on Jan. 1, 2021

$12.50 on Jan. 1, 2022

$13.25 on Jan. 1, 2023

$14 on Jan. 1, 2024

$15 on Jan. 1, 2025

• A Child Care Tax credit was expanded to parents making less than $143,000 (Up from $50,000)
• Health insurance- Those without health insurance will be able to check a box on their tax return allowing the state’s health exchange to determine if they are eligible for free insurance
• Marijuana edibles such as brownies, gummies, etc. can be sold for medical purposes
• The age of smoking was raised to 21
• Maryland will become the first state to ban Styrofoam containers such as cups and food containers.
• The decision of whether to start school before/after Labor Day was returned to local school boards. The Governor vetoed the bill but was overrode.
• Handgun Permit Review Board was eliminated. Now, appeals to the Maryland State Police decision for handgun permits will be heard by an administrative judge.

Public safety bills that failed were background checks on the private (citizen to citizen) sales of shotguns and rifles and a bill to prevent 3D printed guns.

How to buy a gun in Maryland

Note: This post was originally published on January 28, 2016 and has been updated with new information.

Buying a handgun (regulated firearm) in Maryland just got easier, at least the process is easier. The Firearm Safety Act of 2013 added steps to the purchase process, but it also included language that the Maryland State Police must create an electronic purchase application that can be submitted online. Beginning January 1, 2017, all handgun purchase applications must be submitted through the Maryland State Police Licensing Portal.

Handgun purchase history

The impetus to first write this post in January 2016 was in response to a friend’s question as to how to buy a handgun in Maryland. The question may seem silly coming from an avid hunter who owns firearms of all kinds and has purchased handguns in the past. But, if you haven’t bought a handgun in the last three years Maryland laws changed in 2013 and the process is quite different than it has been for the last twenty years.

You haven’t been able to go into a gun store in Maryland and walk out with a handgun for fifty years. In 1966, Maryland enacted laws that required a background check and a seven-day waiting period for the purchase of handguns. The purchaser completed a personal questionnaire and the form was submitted to the Maryland State Police (MSP) to conduct the background check. If you cleared the check, and seven days had passed, the store could transfer the gun to the buyer. That part of purchasing a gun hadn’t changed for a generation of gun buyers, until 2000.

The Responsible Gun Safety Act of 2000 added the requirement that purchasers must complete a firearms safety class prior to purchasing a gun. The buyer still completed the forms, which were submitted to the MSP for a background check, and waited seven days, but before the buyer could obtain the gun they had to complete a certified firearms safety-training course.

Purchase Process

The process changed most recently in 2013. The Firearm Safety Act of 2013 added another step to the purchasing process. A prospective buyer must now possess a Handgun Qualification License (HQL). As part of the HQL application process the buyer must submit to a fingerprint background check, submit an application for a HQL to the MSP, and complete a four-hour Firearms Safety Training Course presented by a State approved instructor. The HQL is good for ten years and costs $50. However, the application cannot be submitted without digital fingerprints, the cost of which vary by vendor and is in addition to the HQL fee.

Also included in the Firearm Safety Act of 2013 was the requirement that the MSP create an electronic application. Purchase applications will no longer be submitted on paper forms via the firearms dealer. The prospective purchaser will submit applications through the Maryland State Police Licensing Portal. All the fees remain the same, including the $10 application fee, which is paid at the time of the application submission. If the purchaser does not have access to a computer, Internet, or credit card, the application may be submitted through a firearms dealers’ on site portal. The online application goes directly to MSP and removes the dealer for the submission process.

Now to answer the question-How to buy a handgun in Maryland?  Another four pages could be written, but to be succinct, the prospective buyer must complete the following process.

1. Obtain digital fingerprints
2. Submit digital fingerprints to the MSP
3. Submit application to the MSP for HQL
4. Complete Firearms Safety Training Course
5. Receive HQL card
6.  Complete the online Application to purchase handgun through the MSP portal
7. Wait seven days
8. Go to the firearms dealer, supply the dealer with your last name as used on the application and the unique 77R-E application number
9. The Dealer logs into the MSP Licensing Portal and queries the system for the last name and application number combination provided
10.  If the application has be approved the dealer may transfer the gun

You now own a handgun. Of course, Maryland’s one gun a month law is still in effect. So if you desire to own another gun you have to wait thirty days. The subsequent purchases would be easier as you already have your HQL. You would only need to complete and submit the new application to the MSP and wait the seven days.

Of course, with any law there are exceptions. There are exceptions to the training component and to the need for a HQL. For more, the Maryland State Police, Licensing Division, provides a detailed explanation of the Handgun Qualification License process on it’s website.

From the Maryland State Police on September 18, 2020:

Beginning October 1, 2020, the MSP will discontinue printing Handgun Qualification License (HQL) Cards in their current form. 

All HQL applicants approved for an HQL, on or after October 1, 2020, will receive, via US mail, a paper HQL. For further information on the HQL, please visit the HQL page of the MSP website. 

HQL page 

MSP Licensing Portal

MSP Licensing Portal User’s guide