Possession of an Unregistered Firearm in Maryland

During registration, you may have to provide the state with specific details about the weapon being registered, such as its:

• Make
• Model
• Serial number
• Caliber.

Additionally, you’ll likely need to provide personal information such as your name, address, and any other required details to confirm your identity. These details are essential for the state’s records, ensuring that firearms are linked to legitimate owners.

The Maryland State Police is primarily responsible for overseeing this registration process. They maintain the database of registered firearms, conduct background checks on buyers, and ensure that all registration requirements are met. If a firearm isn’t properly registered, the State Police can take action, and you could face firearm or gun charges.

Which Firearms Must Be Registered in Maryland?

In Maryland, the requirement to register a firearm depends on the type of firearm you own. Some firearms are strictly regulated and must be registered with the Maryland State Police, while others do not require registration at all.

The primary types of firearms that require registration in the state are highlighted below:

Handguns

In Maryland, handguns are classified as regulated firearms and typically require registration. If you purchase a handgun from a licensed dealer in the state, the dealer usually collects the required registration information at the time of purchase. This ensures that the state can legally track your handgun.

However, if you’re moving to Maryland with a handgun, the law requires that you register it within 90 days of entry. Failing to do so could lead to criminal charges. While handgun registration is compulsory, Maryland law doesn’t specifically outline penalties for late registration. Therefore, you may need to speak with a Maryland gun lawyer if you’re unsure about your situation.

It’s also important to note that registering your handgun does not eliminate the need for a separate permit to carry it. Under the MD Code, Public Safety, § 5-303, even a registered handgun requires a concealed carry permit to carry it legally in public. Carrying a handgun without the necessary permit can also lead to criminal charges, even if the firearm is properly registered.

Machine Guns

Machine guns have some strict requirements in Maryland. Under MD Code, Criminal Law, § 4-403, machine guns must be registered with the state within 24 hours of purchase or acquisition. In addition, the registration must be renewed in May each year. Failure to comply with these registration requirements can result in severe criminal consequences, including imprisonment for up to ten years.

Rifles and Shotguns

In Maryland, most rifles and shotguns do not need to be registered. They are usually treated as unregulated firearms.

However, short-barreled rifles and short-barreled shotguns are different. These must be registered under the law. This rule comes from Maryland Code, Public Safety § 5-203.

If someone has a short-barreled rifle or shotgun that is not registered, it is a crime. It is usually charged as a misdemeanor. A person found guilty may face up to five years in jail, a fine of up to $5,000, or both.

Assault Weapons

In most cases, it is illegal to possess an assault weapon in Maryland or bring one into the state. A small exception applies to certain assault pistols owned and registered before 1994.

If someone has an unregistered or illegal assault weapon, police can take it under Maryland Code, Criminal Law § 4-304.

This offense is usually a misdemeanor. It can lead to up to 3 years in jail, a fine of up to $5,000, or both. If the weapon is used in a violent or felony crime, the charge can become a felony with at least 5 years in prison.

If police find evidence, like an unregistered firearm, through an illegal search, that evidence may not be allowed in court. This can weaken the prosecution’s case against you.

For example, if officers searched without a warrant, probable cause, or a valid reason, the search may be challenged. If the court agrees, the charges could be dismissed or reduced.

Firearm Not Subject to Registration

Another possible defense is that the firearm did not need to be registered. For example, most rifles and shotguns are usually exempt. If you were charged for having this type of firearm, you may be able to show that no registration was required.

If this is proven, the charges against you may be dropped.

Lack of Required Proof

In a criminal case, the government must prove every part of the charge. This includes showing that the firearm required registration and that it was not registered.

If the evidence is weak, unclear, or incomplete, the case may not hold up in court. In some situations, this can lead to reduced charges or a dismissal.

When Should You Seek Legal Guidance?

If you are facing a charge or believe you may be at risk, it is important to understand your legal position early.

Firearm laws in Maryland can be complex, especially when they involve different categories of weapons and overlapping state and federal rules. Small details—such as how a firearm was acquired or transported—can affect how the law applies.

For guidance based on your specific situation, you may also contact our legal team to discuss your options.

Frequently Asked Questions: Unregistered Firearm Possession in Maryland