Losing your gun rights in Maryland can feel permanent—but for many people, it’s not. Whether you’ve been convicted of a felony, a domestic violence offense, or were once subject to an involuntary commitment, there may be legal pathways to restoring your right to own and possess firearms. This post breaks down how gun rights are lost in Maryland and what steps you can take to get them back.
How Gun Rights Are Lost in Maryland
In Maryland, gun rights can be restricted or revoked under both state and federal law. Common reasons include:
- Felony convictions
- Misdemeanor convictions involving violent crimes, domestic violence, or drug offenses
- Protective orders (both temporary and final)
- Involuntary psychiatric commitments or findings of mental incompetence
Once your rights are revoked, possessing a firearm is a crime—and in some cases, a federal offense punishable by up to 10 years in prison under 18 U.S.C. § 922(g).
Can You Restore Gun Rights in Maryland?
In many cases, yes. Restoring your gun rights in Maryland depends on:
- The reason you lost them
- How long ago the disqualifying event occurred
- Whether you’ve had any criminal activity since then
Maryland law allows several legal avenues to petition for restoration, depending on your situation.
1. Expungement of Criminal Records
If your conviction is eligible for expungement, removing it from your record could restore your gun rights. However, most felony convictions and violent misdemeanors are not eligible for expungement in Maryland.
Eligibility is highly specific. You may qualify if:
- Your charges were dropped (nolle prosequi), dismissed, or resulted in a not guilty verdict
- You received probation before judgment (PBJ) and have waited the required period
- Enough time has passed after a nonviolent misdemeanor conviction
Expungement removes the offense from public record but does not guarantee automatic restoration of gun rights. It can, however, help you meet the requirements for other remedies.
2. Gubernatorial Pardon
For individuals convicted of serious offenses, a gubernatorial pardon may be the only route to restoring gun rights. A pardon in Maryland is an act of clemency granted by the Governor.
Key facts:
- You must wait 10 years after completing your sentence before applying
- The application includes character references, employment history, and rehabilitation efforts
- A full and unconditional pardon may allow you to legally possess firearms again under Maryland law
Even with a pardon, you may still need to petition separately to have your rights restored federally.
3. Petitioning to Remove Mental Health Disqualifications
If your gun rights were revoked due to an involuntary psychiatric commitment or being found incompetent to stand trial, Maryland law allows a formal petition process to remove mental health-based firearm disqualifications.
You can file a petition with the Maryland Office of Administrative Hearings (OAH). You’ll need to:
- Submit evidence of recovery or stability (e.g., treatment records, provider evaluations)
- Show you’re not likely to be a danger to yourself or others
- Attend a hearing and present testimony
If successful, your disqualification will be lifted, and your right to own firearms restored under Maryland law.
What About Federal Gun Rights?
Even if your rights are restored under Maryland law, you may still be prohibited under federal law. Under 18 U.S.C. § 922(g)(1), federal law bars firearm possession by anyone convicted of a crime punishable by more than one year in prison—even if the conviction has been pardoned or expunged unless the restoration also lifts the disability under federal law.
To regain full gun rights federally, your record must no longer bar you from possessing firearms, and the restoration must remove all civil disabilities, including the right to vote, serve on a jury, and hold public office.
Why You Need a Lawyer
Gun rights law is complex, and one mistake can expose you to serious criminal penalties. A knowledgeable criminal defense lawyer can:
- Review your conviction history
- Identify legal avenues to restore your rights
- Prepare expungement or pardon applications
- Represent you in administrative hearings
Don’t risk facing new charges. Get legal guidance before attempting to possess or purchase a firearm.
Protect Your Rights. Take the First Step Today.
If you’re ready to take back your gun rights in Maryland, contact Southern Maryland Criminal Defense for a consultation. We help clients across Prince George’s County, Charles County, St. Mary’s County, and Calvert County understand their options and fight for their Second Amendment rights.
