What Disqualifies You From Buying a Gun in Maryland?

In Maryland, you can be blocked from buying a gun by a felony conviction, a conviction for a crime of violence, a misdemeanor punishable by more than two years in prison, a domestic violence conviction, an active protective order, an involuntary mental health commitment or related court finding, habitual drug use (including regular marijuana use under federal law), fugitive status, a dishonorable discharge, certain immigration statuses, or being under 21 for a handgun. If you want to buy a handgun and none of that applies, you still need a Handgun Qualification License first. What disqualifies you from buying a gun in Maryland is broader than federal law alone, so the details below matter even if you would clear a federal background check in another state.

Criminal Convictions

Maryland’s core firearm prohibition sits in Public Safety Article § 5-133, which bars anyone convicted of a “disqualifying crime” from possessing a regulated firearm.¹ That term covers three groups: any crime of violence under Maryland law, any felony, and any misdemeanor with a statutory maximum of more than two years. The last category is the one that catches people off guard. An offense that sounds minor can still trigger a lifetime ban if the maximum possible sentence crosses the two-year line, even if you were sentenced to far less.

Crimes of violence carry the harshest weight. The list in Criminal Law Article § 14-101 includes murder, manslaughter (other than involuntary), rape, robbery, carjacking, kidnapping, first-degree arson, and first-degree assault, among other serious offenses. A conviction for any of these permanently bars you from possessing a regulated firearm in Maryland, no matter how long ago the case closed.

Out-of-state and federal convictions count too. If the offense would qualify as a disqualifying crime had it happened in Maryland, the ban applies here just as if the case had been tried in a Maryland courtroom.

Domestic Violence Convictions

A domestic violence conviction can block a gun purchase under both Maryland and federal law, and the federal reach is broader than many buyers expect. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence cannot possess a firearm or ammunition anywhere in the country.² The charging document does not need to say “domestic violence.” Any misdemeanor involving the use or attempted use of physical force, or the threatened use of a deadly weapon, qualifies if the victim had a covered domestic relationship with the defendant.

Federal law defines that relationship broadly: current or former spouses, parents or guardians, people who share a child, cohabitants, and anyone similarly situated to a spouse or guardian. A Maryland second-degree assault conviction involving any of these relationships is enough to trigger the federal ban. The narrow exceptions are cases where the defendant was not represented by counsel and did not knowingly waive that right, or where the conviction was expunged, pardoned, or had civil rights restored without a specific firearms restriction.

Active Protective and Peace Orders

Maryland prohibits anyone under a final protective order from possessing firearms while the order is in effect. The respondent must surrender all firearms to law enforcement or a federally licensed dealer, and this is not optional; law enforcement can take the firearms if the respondent does not comply.³ Public Safety Article § 5-205 adds a parallel possession ban for rifles and shotguns when a non-ex-parte civil protective order is in place.⁴

Federal law under 18 U.S.C. § 922(g)(8) reinforces this, but only for orders involving an “intimate partner” that were issued after a hearing where the respondent had actual notice and a chance to participate. The order must also include a finding that the respondent poses a credible threat to the partner or child, or must explicitly prohibit the use of physical force.² A temporary or ex parte order alone does not trigger the federal ban, though a Maryland judge can still require firearm surrender if the respondent looks like an imminent danger.

Peace orders, which cover disputes between people without a domestic relationship (neighbors, coworkers), can also carry firearm surrender requirements under Maryland law.

Mental Health Adjudications

Maryland disqualifies three categories of people based on mental health status, and each also triggers the federal ban under 18 U.S.C. § 922(g)(4).²

The first is involuntary commitment. Anyone involuntarily committed to a mental health facility by a court or administrative authority is prohibited under Public Safety Article § 5-133(b).¹ Voluntary treatment does not trigger this.

The second is a finding of not criminally responsible under Criminal Procedure Article § 3-110. That finding means a court determined the defendant committed the act but lacked the mental capacity to appreciate its criminal nature.⁵

The third is a finding of incompetence to stand trial under Criminal Procedure Article § 3-106, which applies when a defendant cannot understand the proceedings or assist in their own defense.⁶

Maryland courts report these adjudications to the National Instant Criminal Background Check System, so a flagged record will surface during any dealer background check. The bar remains until firearm rights are formally restored through the state’s petition process.

Drug Use, Including Marijuana

Under Public Safety Article § 5-133(b), anyone who is a habitual user of a controlled dangerous substance is prohibited from possessing a regulated firearm.¹ Federal law under 18 U.S.C. § 922(g)(3) does the same, prohibiting anyone who is an “unlawful user of or addicted to any controlled substance” from possessing a firearm.²

Marijuana is where this trips people up. Maryland has legalized recreational cannabis, but marijuana remains a Schedule I controlled substance under federal law. ATF Form 4473, which every buyer completes at a licensed dealer, asks directly whether you are an unlawful user of or addicted to marijuana or any other controlled substance, and the form states that marijuana use “remains unlawful under Federal law regardless of whether it has been legalized or decriminalized” in your state. Lying on the form is a federal felony.

In January 2026, the ATF revised its definition of “unlawful user” to require evidence of regular and recent use rather than allowing a denial based on a single past incident such as one arrest or one positive test.⁷ Isolated or sporadic use no longer meets the threshold. Regular ongoing use still does, and the federal prohibition applies regardless of what Maryland law permits.

Age Requirements

Maryland sets the minimum age to purchase a regulated firearm (which includes all handguns and certain semi-automatic long guns) at 21. Public Safety Article § 5-134 bars anyone under 21 from purchasing, renting, or receiving a regulated firearm, and this applies to both dealer sales and private transfers.⁸ That goes further than federal law, which only restricts licensed dealers from selling handguns to buyers under 21.⁹

For long guns that are not classified as regulated firearms (most bolt-action rifles and pump-action shotguns), the minimum age is 18. Certain semi-automatic rifles and shotguns with features like folding stocks, detachable magazines paired with other tactical features, or fixed magazines holding more than ten rounds are classified as regulated firearms and fall under the 21-year-old rule. Narrow exceptions exist for active-duty military and law enforcement employees under 21.

Other Federal Disqualifiers

Several other categories under 18 U.S.C. § 922(g) will stop a purchase anywhere in the country, and Maryland enforces them through its background check system.²

Fugitive from justice: anyone with an outstanding felony warrant who has fled the state or is avoiding prosecution. Maryland lists this separately at § 5-133(b)(5).¹
Dishonorable discharge: a discharge from the Armed Forces under dishonorable conditions is a permanent bar. Other-than-honorable and bad-conduct discharges from special courts-martial do not automatically trigger the ban; a dishonorable discharge from a general court-martial does.
Renounced U.S. citizenship: a former citizen who has formally renounced citizenship cannot possess a firearm in the United States.
Certain noncitizens: people in the country unlawfully, or present on a nonimmigrant visa, are generally prohibited, with narrow exceptions for lawful hunting.

Pending Charges

You do not need a conviction to be blocked. Federal law under 18 U.S.C. § 922(n) prohibits anyone under indictment for a crime punishable by more than one year in prison from receiving a firearm shipped in interstate commerce. Maryland’s background check flags pending charges during the review by the State Police Licensing Division, and a pending disqualifying charge will produce a denial.

If the case is dismissed or ends in acquittal, the restriction lifts. A conviction can turn the temporary block into a permanent one. People on pretrial release may also face firearm conditions as part of bail; trying to buy a gun while those conditions apply can lead to bail revocation and additional charges.

The Handgun Qualification License

Even if nothing above applies to you, Maryland will not let a dealer sell you a handgun unless you already hold a Handgun Qualification License (HQL). First-time buyers often miss this step and get turned away at the counter.

Under Public Safety Article § 5-117.1, an HQL applicant must meet all of these requirements:¹⁰

Be at least 21 years old.
Be a Maryland resident.
Complete a Maryland State Police–approved firearms safety training course within three years before applying. The course runs at least four hours and covers Maryland firearm law, home firearm safety, handgun operation, and a live-fire orientation.
Submit electronic (LiveScan) fingerprints for state and federal background checks before applying. Fingerprints are valid for 12 months.¹¹
Not be prohibited from possessing a handgun under state or federal law.

The application fee is $50 for an original HQL and $20 for a renewal.¹² Fingerprinting is billed separately by the processing center and varies by location. Training courses generally run $50 to $150.

Several groups are exempt from the HQL requirement entirely: active law enforcement officers, retired law enforcement in good standing from a federal, state, or Maryland local agency, active or retired members of the U.S. Armed Forces or National Guard with a valid military ID, licensed firearms manufacturers, and Maryland licensed firearms dealers.¹¹ Honorably discharged veterans, qualified handgun instructors, and people who already lawfully own a regulated firearm are exempt from the training requirement but still need the license.

If You Think a Denial Was Wrong

Erroneous denials are common enough to plan for, especially when a buyer shares a name with a prohibited person or when a record has not been updated to reflect an expungement or dismissal. You have the right to challenge a denial from the Maryland State Police or NICS.

The FBI accepts challenges electronically at edo.cjis.gov. You will need the NICS Transaction Number or State Transaction Number from the dealer. The FBI is required to respond within 60 calendar days.¹³

If the challenge succeeds, apply for a Voluntary Appeal File number, sometimes called a Unique Personal Identification Number (UPIN). You enter it on Form 4473 for future purchases so the system can distinguish you from the person whose record caused the false match.¹⁴

Restoring Firearm Rights After a Disqualification

Maryland offers a restoration path for some disqualified people, but the bar is high and it works mainly for mental health disqualifications. Under Public Safety Article § 5-133.3, certain individuals can petition the Secretary of Health for relief. Applicants must submit a formal application, provide three character attestations, and undergo a mental health assessment by a psychologist or psychiatrist designated by the Department of Health; an independent evaluation the applicant arranges does not satisfy the requirement.¹⁵ The Firearms Rights Restoration Board issues a decision within 60 days, and a denial can be taken to a judicial hearing.

For criminal convictions, the path is much narrower. Expungement of a state conviction may lift the Maryland prohibition, but the federal ban can still apply based on the underlying facts. A presidential or gubernatorial pardon can restore rights, but pardons are rare. People convicted of crimes of violence have essentially no administrative route back to firearm eligibility in Maryland.

1
Maryland General Assembly. Maryland Public Safety Code 5-133 – Restrictions on Possession of Regulated Firearms
2
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
3
Maryland General Assembly. Maryland Family Law Code 4-506.1 – Surrender of Firearm; Retake of Possession; Transport
4
Maryland General Assembly. Maryland Public Safety Code 5-205
5
Maryland General Assembly. Maryland Criminal Procedure Code 3-109
6
Cornell Law School. COMAR 29.03.01.03 – Possession
7
Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance
8
Maryland General Assembly. Maryland Public Safety Code 5-134 – Restrictions on Sale, Rental, or Transfer of Regulated Firearms
9
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
10
Maryland General Assembly. Maryland Public Safety Code 5-117.1
11
Maryland State Police. Handgun Qualification License
12
Maryland State Police. Fees for Licensing Division Applications
13
Federal Bureau of Investigation. Challenges / Appeals – Requesting Reason for and/or Challenging a NICS-Related Denial
14
Federal Bureau of Investigation. Voluntary Appeal File
15
Maryland Department of Health. Firearms Rights Restoration Process