To transfer a gun to a family member in Maryland, the first thing you need to know is whether the firearm is “regulated” or “non-regulated,” because that single classification decides everything else. Handguns and a specific list of assault-style weapons are regulated and must go through a licensed dealer or Maryland State Police barracks, with a 77R application and a seven-day waiting period. Standard rifles and shotguns are non-regulated and can pass directly between qualifying relatives with no dealer, no form, and no wait.
Step One: Classify the Firearm
Regulated firearms include every handgun, plus a list of assault-style weapons named in the Maryland Public Safety Code that runs from the AK-47 in all forms to the UZI carbine.1Maryland State Police. Public Safety Title 5 – Firearms Subtitle 1 – Regulated Firearms Any handgun is automatically regulated, whether or not it appears on the assault weapons list.
Non-regulated firearms are everything else: ordinary rifles, shotguns, and long guns that don’t match anything on the assault weapons list. If you’re not sure which bucket your firearm falls into, a licensed dealer can classify it for you before you start.
Step Two: Confirm the Recipient Can Legally Receive It
The relative you’re transferring to has to be legally eligible to possess a firearm under both Maryland and federal law. Maryland bars possession by anyone with a disqualifying criminal conviction, anyone involuntarily committed to a mental health facility, and anyone subject to a current protective order, among other categories.2Maryland General Assembly. Maryland Code Public Safety 5-205 – Disqualification for Possession Federal law under 18 U.S.C. § 922(g) adds fugitives from justice, unlawful users of controlled substances, people dishonorably discharged from the military, those subject to a domestic violence restraining order, and anyone convicted of a misdemeanor crime of domestic violence, among others.3ATF. Identify Prohibited Persons
Age matters too. The minimum age to receive a handgun or other regulated firearm is 21. For rifles and shotguns, it’s 18. Transferring to someone below the age threshold or in any prohibited category is a crime for both parties.
The Handgun Qualification License
If the firearm is a handgun, the recipient needs a valid Handgun Qualification License (HQL) before the transfer can happen. The HQL is issued by the Maryland State Police after the applicant completes a four-hour firearms safety course taught by a certified instructor and passes a fingerprint-based criminal history records check.4Maryland General Assembly. Maryland Code Public Safety 5-117.1 – Handgun Qualification License Required for Purchase of Handguns The state application fee for an original HQL is $50, paid to the Maryland State Police, with separate costs for fingerprinting and the safety course; budget roughly $100 to $200 in total.5Maryland State Police. Fee Schedule – Licensing Division
The HQL applies specifically to handguns. If the regulated firearm is a listed assault-style rifle or shotgun rather than a handgun, the HQL is not required.6Maryland Department of State Police. Regulated Firearm Purchases
Transferring a Regulated Firearm to a Family Member
Every regulated firearm transfer must go through a licensed Maryland firearms dealer (a Federal Firearms Licensee, or FFL) or a Maryland State Police barracks. There is no family exemption from this requirement. Plan for both parties to appear at the dealer together, since the transferor is handing over the weapon and the recipient must complete paperwork and show identification.
The 77R Application
The core document is the MSP 77R, the Maryland State Police Application and Affidavit to Purchase a Regulated Firearm. Gift transfers and secondary sales both require it.6Maryland Department of State Police. Regulated Firearm Purchases You complete it online through the Maryland State Police Licensing Portal. Each person involved must create an individual portal account using a personal email address. Shared accounts are not allowed and will slow the process down.7Maryland State Police. FRU Firearm Purchase 77R Instructions
The application asks for full names, addresses, driver’s license numbers, the recipient’s HQL number if the firearm is a handgun, and a complete description of the firearm including make, model, caliber, and serial number. Gather all of that before you go to the dealer.
The Seven-Day Waiting Period
Once the dealer or barracks submits the 77R, a mandatory seven-day waiting period begins. During that window the Maryland State Police run a background check on the recipient. On the morning of the eighth day, the state police issue a final decision. If the application is not disapproved, the recipient receives an email and can return to the dealer to take possession.6Maryland Department of State Police. Regulated Firearm Purchases
Fees Depend on the Relationship
What you pay the state depends on how the Maryland State Police define your relationship to the recipient. For regulated firearms, the “immediate family” category that waives the state application fee is narrow: spouse, children, grandchildren, parents, and grandparents.6Maryland Department of State Police. Regulated Firearm Purchases Transfers to a sibling, aunt, uncle, niece, nephew, or cousin are treated as secondary sales and carry a $10 state processing fee. The dealer may charge its own service fee on top of that, so ask about pricing before you commit.
Transferring a Non-Regulated Firearm to a Family Member
Passing a standard rifle or shotgun to a relative is dramatically simpler. Maryland exempts these transfers from the dealer requirement, so you can hand the firearm directly to a qualifying family member with no FFL, no 77R, and no waiting period.
The family definition here is much broader than the fee waiver for regulated firearms. It covers spouses, parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces, nephews, and other relatives by blood or marriage. If the recipient falls outside that extended family, the transfer has to go through a licensed dealer or Maryland State Police barracks so a background check can be run.6Maryland Department of State Police. Regulated Firearm Purchases
No specific form is required, but a written bill of sale is worth the five minutes it takes. Record the date, both parties’ full names and addresses, the firearm’s make, model, and serial number, and a statement that the recipient is not a prohibited person. That single sheet of paper protects both of you if the ownership of the gun is ever questioned.
If the Firearm Is Being Inherited
Inheritance follows a different path than a gift. For a regulated firearm passing through an estate, the heir still has to submit a 77R application to the Maryland State Police.8Legal Information Institute. COMAR 29.03.01.10 – Inheritance There is no state application fee for an inheritance transfer.6Maryland Department of State Police. Regulated Firearm Purchases
If the heir is under 21, title to a regulated firearm can still pass, but the estate must keep physical possession until the heir turns 21. At that point the heir completes the standard application to take possession.8Legal Information Institute. COMAR 29.03.01.10 – Inheritance
For non-regulated firearms, inheritance between family members works the same way as a gift transfer. No dealer is required when the heir is a qualifying relative, though keeping written records is still a good idea.
If Your Relative Lives Out of State
Federal law takes over the moment a firearm crosses a state line, no matter what Maryland allows in-state. You cannot hand a firearm directly to a relative in another state or ship it to their home. The firearm has to be sent to a licensed dealer in the recipient’s state of residence, where the recipient completes an ATF Form 4473 and passes a background check before taking possession.9ATF. Federal Firearms Licensee Quick Reference and Best Practices Guide
This applies to every firearm and every relationship. A parent giving a hunting rifle to an adult child in Virginia has to ship the rifle to a Virginia FFL. Maryland’s family exemption does not override the federal interstate rule. Expect to pay shipping plus the receiving dealer’s transfer fee.
The Line Between a Gift and a Straw Purchase
A genuine gift is legal. Buying a firearm on behalf of someone who is paying you back is not. Under 18 U.S.C. § 932, it is illegal to purchase a firearm for another person if you know or have reason to believe that person is prohibited, intends to use the firearm in a felony or drug trafficking crime, or plans to pass it to someone who is.10Office of the Law Revision Counsel. 18 U.S. Code 932 – Straw Purchasing of Firearms Penalties reach 15 years in federal prison and a $250,000 fine, or 25 years if the firearm is used in a felony, terrorism, or drug trafficking.11ATF. Don’t Lie for the Other Guy
The practical test: if you use your own money to buy a firearm as a gift and the recipient can legally own it, you are fine. If the recipient is handing you cash or reimbursing you, especially if there’s reason to think they couldn’t pass a background check themselves, that’s a straw purchase. When in doubt, let the relative handle their own purchase or transfer.
What Happens If You Skip the Required Steps
Improper transfers are criminal. Transferring a rifle or shotgun to someone you know or have reason to believe is prohibited from possessing one is a misdemeanor carrying up to five years in prison and a $10,000 fine.12Maryland General Assembly. Maryland Code Public Safety 5-207 – Sale, Rental, Transfer, or Loan of Rifle or Shotgun Prohibited Transferring a regulated firearm to a minor in violation of the law is a separate misdemeanor punishable by up to one year in prison and a $1,000 fine.
Any transfer that violates the federal prohibited-persons rules in 18 U.S.C. § 922 also opens the door to federal prosecution, and state and federal charges can stack. None of these penalties require that anyone was hurt or that the firearm was used in a later crime. The improper transfer itself is the offense. An extra trip to a dealer or a seven-day wait is a small price compared to what happens if you cut corners.