Maryland Firearms Preemption Under Criminal Law § 4-209

Criminal Law Article § 4-209 preempts the right of a county, municipality, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of a handgun, rifle, or shotgun and their ammunition and components. The statute carves out an exception allowing local governments, including Baltimore City, to regulate the discharge of firearms. Public Safety § 5-133(a) separately preempts local regulation of the possession of regulated firearms. Local governments retain limited zoning authority over firearm dealers. The State Police administer permits, background checks, and the Handgun Qualification License program statewide.

Violating state firearm transfer or possession laws is generally a misdemeanor or felony depending on the offense, with penalties up to several years imprisonment.