The Maryland firearm background check system is designed to ensure public safety and legal compliance in firearm transactions within the state. As a Partial POC state for the NICS, Maryland enforces federal and state gun laws. The state conducts thorough background checks on all individuals attempting to purchase “regulated firearms,” which include handguns and assault weapons. These checks help prevent firearms from being purchased by individuals who are legally disqualified from owning them, actively preventing gun violence.
Maryland’s Role as a Partial POC State
As a Partial POC state, Maryland shares the responsibility for background checks with the FBI. The Secretary of the Maryland State Police oversees the application process for all regulated firearms. For long guns (rifles and shotguns), licensed dealers are required to contact the FBI to perform the required NICS checks. This shared responsibility ensures that Maryland maintains rigorous oversight of firearm transactions, supporting a comprehensive approach to firearm safety and compliance.
What is Collected in the Background Check Process
The Maryland State Police collects specific information to fully evaluate each prospective buyer. This is crucial for ensuring compliance with federal and state laws.
- Buyer’s personal information, including their full name, government-issued photo ID (or driver’s license), and proof of residency
- Any criminal history such as felony convictions or misdemeanors
- Mental health records or being committed to a mental institution
This collection of data ensures that all individuals approved for firearm ownership are thoroughly vetted and qualified under Maryland law.
Approvals and Denials
Universal background checks result in one of two outcomes: approval or denial.
If the background check doesn’t reveal any disqualifying information, the firearm transaction is approved. Denial occurs when the MSP discovers disqualifying factors, such as a criminal record or mental illness, which means the application is denied and the purchase cannot continue.
Steps to Take for the Appeals Process
When an applicant receives a denial, they can challenge the decision through a structured appeals process. This ensures that all applicants have the opportunity to correct any errors or present new information that could impact the decision.
- Initiating the Appeal: Obtain the necessary forms from the Maryland State Police to file the appeal.
- Submit Documentation: Applicants submit relevant documentation that supports their case.
- Review Process: The MSP thoroughly reviews the information, ensuring all aspects of the applicant’s background are reconsidered.
- Final Decision: After a comprehensive review, the initial denial is either overturned or denied. If overturned, they can proceed with the gun sale.
FastBound’s Solutions
Since 2010, FastBound has processed more firearm compliance transactions for more FFLs than any other provider. We offer advanced solutions to automate state background checks for FFL, providing innovative record-keeping tools and simplifying ATF compliance for users.
Frequently Asked Questions
There is no waiting period for rifle or shotgun sales, but there is for licensed firearms dealers and private sales. These individuals cannot transfer a regulated firearm until 7 days after the purchaser completes the application.
Anyone who:
- Has been convicted of a violent crime or Maryland-classified felony
- Is a habitual user of controlled substances
- Is a medical marijuana user
- Suffers from a mental disorder or has a history of violent behavior
- Is under 21 years of age
- Is a straw purchaser
- Has not completed a firearms safety training course
Regulated firearms include all handguns and types of assault weapons. Purchasing these firearms required background checks and specific licensing, such as Maryland’s Handgun Qualification License.
In the state of Maryland, private sellers who are not licensed as gun dealers must process transactions through a regulated firearms dealer or a designated federal law enforcement agency.