Maryland has some of the nation’s strongest laws to disarm hate.
Access to Guns for People Convicted of Hate Crimes in Maryland
| Violence with Severe Bodily Injury | Violence with Bodily Injury | Other Crimes Involving Intentional Use of Force | Threats with Deadly Weapons | Other Credible Threats to Physical Safety | |
|---|---|---|---|---|---|
| Federal Law | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access |
| State Law | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access |
Maryland’s hate crime statutes make it unlawful to use force or threat of force to obstruct another person’s free exercise of religion,1 or to commit or threaten to commit any crime because of “another person’s or group’s race, color, religious beliefs, sexual orientation, gender, gender identity, disability, or national origin, or because another person or group is homeless.”2 Maryland generally classifies these hate crimes as misdemeanors punishable by up to three years in prison,3 unless the hate crime involves underlying felony conduct or results in the victim’s death, in which case the hate crime is instead punishable as a felony.4
Maryland does not expressly prohibit people from accessing firearms on this basis, but like federal law,5 generally prohibits people from accessing firearms if they have been convicted of a felony or of a misdemeanor punishable by more than two years in prison.6 (Maryland also generally prohibits people from accessing firearms if they have been convicted of a “crime of violence,” as specified).7
Because Maryland makes all hate crime convictions punishable by up to three years in prison, people convicted of these offenses, including both felonies and misdemeanor hate crimes, are subject to both state and federal law firearm restrictions.8
Even if a person is not convicted under Maryland’s hate crime statutes, they may still generally be restricted from accessing firearms in Maryland, under state and federal law,9 if they are convicted of violent felony or misdemeanor offenses involving the use or threatened use of force or deadly weapons,10 stalking,11 and threatened mass violence.12
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- Md. Code Ann., Crim. Law § 10-303.[↩]
- Md. Code Ann., Crim. Law § 10-304. This statute does not include ethnicity or gender identity as protected categories.[↩]
- Md. Code Ann., Crim. Law § 10-306.[↩]
- Md. Code Ann., Crim. Law § 10-306.[↩]
- Federal law generally prohibits people from accessing guns if they have been convicted of a felony punishable by over one year in prison, or a state law misdemeanor punishable by more than two years. 18 U.S.C. § 922 (g)(1); 921(a)(20)(B).[↩]
- Md. Code Ann., Public Safety §§ 5-205(b)(1); 5-133(b)(1); 5-101(g).[↩]
- Id.; Md. Code Ann., Public Safety § 5-101(g)(1).[↩]
- A misdemeanor conviction under the law of any state triggers federal firearm restrictions if state law makes the misdemeanor punishable by more than two years imprisonment. 18 U.S.C. § 922 (g)(1); 18 U.S.C. § 921(a)(20)(B).[↩]
- Maryland generally makes violent offenses, including misdemeanors, punishable by more than two years in prison, triggering both state and federal firearm restrictions. The state also defines assault offenses as firearm-prohibiting “crimes of violence.”[↩]
- Md. Code Ann., Crim. Law § 3-201 – 3-203 (“Assault”); Lamb v. State, 93 Md. App. 422 (1992). See also, e.g., Md. Code Ann., Crim. Law § 3-204 (“Reckless endangerment”).[↩]
- Md. Code Ann., Crim. Law § 3-802 (“Stalking”).[↩]
- Md. Code Ann., Crim. Law § 3-1001 (“Threat of mass violence”).[↩]