What You Need to Know About Maryland’s New Firearm Laws Effective October 1, 2023

UPDATE FROM THE COURTS – Maryland’s New Firearm Law

On September 29th, the United States Federal District Court for the District of Maryland issued an injunction, temporarily prohibiting Maryland from enforcing certain provisions of Senate Bill 1, which went into effect on Sunday, October 1st. The lawsuit against Senate Bill 1 requesting preliminary injunctions was granted in part and denied in part. A copy of the order is below this blog update.

What do you need to know about the judge’s order?

This ruling is a temporary court order pending the resolution of the lawsuit – Maryland can appeal the ruling. The order prevents Maryland from enforcing the prohibition against carrying firearms in locations selling alcohol, private buildings or property without the owner’s consent, and within 1,000 feet of a public demonstration. There are sure to be updates so stay tuned.

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What You Need to Know About Maryland’s New Firearm Laws Effective October 1, 2023

Maryland’s new firearm laws that just went into effect on October 1st make big changes to the current legal landscape. The biggest changes in the law deal with the requirement that handguns must now be carried concealed, limiting the locations where carry permit holders may possess firearms, and imposing restrictions on how firearms are stored. The legislation adds a slew of new definitions and provides for criminal penalties for violations of the new laws. As with any major change in the law, there will no doubt be litigation on the constitutionality and interpretation of these statutes. Stay tuned for updates on the enforcement and interpretation of these laws.

Summary of changes:

• Retired law enforcement officers with permits issued pursuant to the Law Enforcement Officers’ Safety Act must now carry their firearms concealed from view.

• Wear and Carry permit holders must now carry their firearms concealed from view.

• A person may not wear, carry, or transport a firearm in an “area for children or vulnerable individuals.”

  • “[A]n area for children for vulnerable individuals” is defined as:

    • A preschool or kindergarten facility or the grounds of the facility;

    • A private primary or secondary school or the grounds of the school; or

    • A health care facility, as defined in § 15-10B-01(G)(1), (2), (3), and (4) of the insurance article.

• A person may not wear, carry, or transport a firearm in a “government or public infrastructure area.”

  • A “government or public infrastructure area” is defined as:

    • A building or any part of a building owned or leased by a unit of state or local government;

    • A building of a public or private institution of higher education, as defined in § 10-101 of the education article;

    • A location that is currently being used as a polling place in accordance with Title 10 of the election law article or for canvassing ballots in accordance with Title 11 of the election law article; or

    • An electric plant or electric storage facility, as defined in § 1-101 of the public utilities article;

    • A gas plane, as defined in § 1-101 of the public utilities article; or

    • A nuclear power plant facility

• A person may not wear, carry, or transport a firearm in a “special purpose area.”

  • A “special purpose area” is defined as:

    • A location licensed to sell or dispense alcohol or cannabis for on-site consumption;

    • A stadium;

    • A museum;

    • A location being used for (i) an organized sporting or athletic activity; (ii) A live theater performance; (iii) a musical concert or performance for which members of the audience are required to pay or possess a ticket to be admitted, or an amusement park; (iv) a fair or carnival; (v) a racetrack; or (vi) a video lottery facility as defined in § 9-1A-01 of the State Government Article.

• A person does not violate the law concerning concealed carry where there is a momentary and inadvertent exposure of a handgun, or the momentary and inadvertent exposure of the imprint or outline of a handgun.

• A person wearing carrying or transporting a firearm may not enter or trespass in the dwelling of another unless the owner or the owner’s agent has given express permission, either to the person or the public generally, to wear, carry, or transport a firearm inside the dwelling.

• The maximum penalties for violation of the law are up to 1 year in jail and a fine of up to $1000.

• A person may not leave a loaded firearm in a place where they knew or should have known that an unsupervised child under 16 years old has access to the firearm.

  • The maximum penalty for a violation of this provision (Jaelynn’s Law) is a fine of up to $1,000.

  • A second or subsequent violation of this provision renders a person ineligible to possess a firearm just as if they had been convicted of a felony.

  • A first violation of this provision renders a person ineligible to possess a firearm if the violation involving a loaded handgun resulted in a minor causing the death or serious bodily injury to the minor or another person.

  • A first violation of this provision renders a person ineligible to possess a firearm for five years following the date of the conviction.