Unauthorized Gun Possession & Ghost Gun Laws in Maryland

As of June 1, 2022, Maryland law restricted the transfer and receipt of certain unserialized firearms and unfinished frames or receivers. As of March 1, 2023, possession of these items is generally prohibited unless they have been serialized in accordance with state and federal law, subject to limited exceptions.

What counts as unauthorized gun possession in Maryland?

Maryland has strict laws about who is allowed to possess a firearm. Under Public Safety § 5-133, certain people are not allowed to have guns at all. This may include people who have been convicted of certain crimes, people with certain protective orders against them, and individuals who have been found to have certain disqualifying conditions under Maryland law.

If a person who is prohibited from having a firearm is found with a gun, they can face serious criminal charges. This can include charges for illegal possession of a regulated firearm, possession of a firearm after a disqualifying conviction, or other weapons offenses. In many cases, these charges carry significant penalties, including possible jail time.

When a ghost gun is involved, the situation can become even more serious because prosecutors may add charges related to the lack of a serial number or the unlawful transfer of firearm parts.

How Maryland law regulates ghost guns

If an individual inherited an unserialized firearm after June 1, 2022, Maryland law provided a limited period to bring the firearm into compliance. To lawfully retain the firearm beyond that period, it must be marked with a serial number or other identifying mark by a federally licensed firearms manufacturer or dealer in accordance with Public Safety Article § 5-703 and applicable federal requirements. The firearm must be serialized by a federally licensed firearms manufacturer or dealer and comply with Maryland State Police requirements, which may include registration or documentation through MSP systems where applicable. The date by which individuals must have completed this was March 1, 2023.

The new law applies not only to fully finished guns but also to unfinished frames and receivers. An unfinished frame or receiver is a part that has been partially made and may be converted into the frame or receiver of a functional firearm. This could include a body that has been forged, cast, printed, extruded, or machined and is far enough along in the manufacturing process that it can be quickly turned into the frame or receiver of a firearm.

Since June 1, 2022, Maryland law has restricted the sale, transfer, or receipt of unserialized firearms or unfinished frames or receivers, subject to certain exceptions and serialization requirements.

Penalties vary depending on the specific offense, but may include imprisonment and fines under Maryland law.

The reasoning behind Maryland’s ghost gun law

The purpose of this new law is to stop people from making or buying ghost guns that cannot be traced. These guns are often made from kits ordered online or created with a 3D printer.

In the past, some people who were not allowed to buy a gun from a licensed dealer could still order the separate parts for a gun because the parts did not have serial numbers. They could put the gun together by themselves. Some people have also used 3D printers to make their own gun parts and build a firearm that could not be traced.

This has made it harder for law enforcement to keep track of who has guns and who is giving or selling them to others. Because ghost guns often do not have serial numbers, they can be difficult to trace.

This new law is meant to close this gap. It restricts the sale, transfer, and possession of unserialized firearms and certain unfinished frames or receivers, which may include components commonly used in so-called ‘ghost gun’ kits. It also makes it unlawful to receive or possess certain components or kits if they qualify as unserialized firearms or unfinished frames or receivers under Maryland law.

It is still unclear how effective this new law will be. Controlling the sale of items on the internet can be difficult, especially when they are sold through hidden parts of the internet, sometimes called the dark web. Only time will show how well this law works when it comes to online purchases.

How Baltimore is attempting to limit the distribution of ghost guns

Since the new ghost gun law took effect, Baltimore City has taken steps to try to stop ghost guns from being sold. City officials have focused on a major maker of ghost gun kits and a gun shop located just outside the city that sells the kits. The goal is to stop these guns from reaching the streets in the first place.

Baltimore officials have alleged in lawsuits that Polymer80 kits were linked to a large share of ghost guns recovered by the police. Many of these kits have reportedly been sold at a gun shop in Hanover, Maryland, which is about seven miles from the Baltimore City line.

Before these laws were enacted, many unfinished frame or receiver kits were not legally treated as firearms under federal or state law, which meant they could often be sold without background checks. Because of this, companies like Polymer80 and the gun shops named in the city’s lawsuit were able to sell these gun parts without running background checks on buyers.

Baltimore City has now filed a lawsuit seeking monetary damages from Polymer80 and the gun shop. The lawsuit appears to have been encouraged by the new statewide ghost gun law. It is still unclear whether the law will lead to criminal charges against the gun store owner or its employees.

What happens now?

Even if Maryland authorities focus mainly on enforcing this law against businesses that sell ghost gun kits, people who are found with a ghost gun will likely still face criminal charges.

In many cases, a person could be charged not only under the new ghost gun law but also under other Maryland gun laws, such as Criminal Law § 4-203 or Public Safety § 5-133, depending on the situation. This means the ghost gun law may result in additional criminal charges and penalties, depending on the specific statutes involved.

Why legal advice may be important

Gun laws in Maryland can be complicated, especially when multiple statutes apply to the same situation. A person who is accused of illegally possessing a firearm or a ghost gun may face several different charges at once.

Because the penalties can include large fines and time in jail, it is important to understand your rights and the laws that apply to your case. Speaking with a knowledgeable Maryland criminal defense lawyer can help you better understand the charges and your legal options.

Discuss your case with Drew Cochran, Attorney at Law

Maryland gun laws can be strict and sometimes difficult to understand, especially when newer rules about ghost guns are involved. If you have been charged with a gun offense, it is important to understand your rights and what the law means for your situation. A knowledgeable Maryland criminal defense lawyer can review your case and explain your legal options.

To learn more about how Maryland gun laws may affect your case, contact Drew Cochran, Attorney at Law, or reach out online to discuss your situation and find out how legal help may be available.