Gun‑Rights Restoration After a Maryland Conviction: What You Need to Know

In Maryland, certain criminal convictions mean losing your right to own or possess a firearm. For many people with a criminal record, restoring their gun rights is one of their primary concerns. Both state and federal laws give narrow paths for some people to get back their ability to own or use a firearm. It’s essential for defendants to know what offenses trigger a revocation of their rights, what to do to restore them, and how a lawyer can help.

Types of convictions that can trigger firearm prohibitions in Maryland

Under Maryland law, you can lose your right to own or possess firearms in a few different circumstances. Whether your offense affects your gun rights depends on the nature of the charges you’re dealing with.

Felony convictions

A felony conviction in Maryland, or a crime committed in another state that would be a felony in Maryland, generally results in firearm disqualifications at the state and federal levels. Attempts or conspiracies related to a disqualifying felony may also result in firearm prohibitions, depending on how the offense is classified under Maryland and federal law. You are generally prohibited from possessing, owning, carrying, or transporting any firearm unless your rights are restored.

Certain misdemeanor offenses

Even misdemeanors can sometimes lead to a loss of gun rights. If you’re convicted of any of the following, your rights could be at risk: 

• Misdemeanor domestic violence: Certain misdemeanor convictions, most notably domestic-violence offenses, can result in firearm disqualification.
• Certain drug offenses: Certain drug convictions–particularly felony drug offenses–or ongoing unlawful use of controlled substances can result in firearm prohibitions under state or federal law.

Ultimately, the best way to know if your charges carry a firearm ban is to speak with a criminal defense lawyer.

Avenues for restoring gun rights in Maryland

After losing firearm rights in Maryland, getting them back isn’t impossible, but it also isn’t easy. Most people find there are two possible routes: expungement or a gubernatorial pardon. Each option has its own requirements and timelines, so understanding both is important before you get started.

Expungement

Expungement means having your criminal case records removed from public access and law enforcement files. For gun rights, this is significant because it may remove certain state-level barriers, provided you meet the independent qualifications under Maryland and federal firearm laws.

Maryland law sets different waiting periods depending on the type of conviction. Also keep in mind that expungement does not automatically restore firearm rights under Maryland or federal law.

5-year waiting period to apply for expungement

Some misdemeanors have a 5-year waiting period for expungement:

• Drug possession and low-level drug paraphernalia offenses
• Disorderly intoxication
• Breaking and entering a vehicle
• Certain theft and property crimes
• Disturbing the peace

The countdown starts after both your conviction and any period of jail/probation has fully ended.

7-year waiting period to apply for expungement

More serious crimes tend to carry longer wait times. The waiting period is 7 years for second-degree assault and common law battery.

10-year waiting period to apply for expungement

Certain serious property felonies–such as first- or second-degree burglary or felony theft offenses–may not be eligible for expungement until at least 10 years have passed.

15-year waiting period to apply for expungement

For domestically related crimes, expungement isn’t possible until at least 15 years have passed since the completion of the sentence.

Expungement is not automatic; you’ll need to apply and wait for review by the State’s Attorney’s Office. If all requirements are met and your charges get cleared, expungement can potentially offer a legal path forward for those hoping to own a firearm again. While expungement may remove some barriers, it does not by itself restore firearm rights.

Pardons

A pardon, granted by the Governor of Maryland, is another possible way to regain firearm rights, but it works differently from expungement and is less commonly granted.

To be eligible, you typically must finish all terms of your sentence, probation, or parole, and maintain a long period free of further arrests or legal trouble – usually ten years for a felony (sometimes reduced to seven with a waiver), five years for misdemeanors, with longer periods for crimes of violence or serious drug offenses.

The pardon process itself involves a formal application and often a review by the Maryland Parole Commission before recommendation to the Governor. Whether a pardon restores firearm rights depends on its scope and wording, and on how state and federal law treat the underlying conviction.

A pardon may not remove all firearm restrictions. Whether it restores firearm rights depends on the offense and how state and federal law treat the conviction and the terms of the pardon. This makes obtaining a pardon for gun rights a challenging and highly discretionary route, but it is sometimes possible for those who meet all qualifying requirements and present a compelling case.

State vs. federal firearm restrictions

Restoring your gun rights in Maryland is an important step, but it might not be enough. Even if Maryland law allows you to regain your firearm privileges through expungement or a pardon, you could still be banned under federal law.

Federal firearms laws may impose long-term or lifetime bans on people convicted of certain offenses, including felonies and some misdemeanors, usually related to domestic violence. Because of this, it’s crucial to review your situation under both state and federal rules before attempting to purchase or possess a firearm.

How a criminal defense lawyer can help with the restoration of your firearm rights

Getting your gun rights restored isn’t an easy feat. Here’s how an attorney can help:

Thorough review of your criminal history

A criminal defense lawyer starts by looking at your entire criminal record. This ensures that you don’t have any previous convictions that could make you ineligible in addition to the current one you’re dealing with.

Finding the right restoration option

An experienced lawyer will determine if and when you’re eligible to file for expungement and whether you meet the requirements for a pardon, which they can help you request.

Protecting against new or unintended charges

If you attempt to own or possess a gun too soon and your rights aren’t actually restored yet, you run the risk of facing further criminal penalties and prison time. A lawyer will make sure you know where you are in the process, which can help prevent this type of mistake.

For anyone serious about regaining their right to own a firearm after a conviction, working with a criminal defense lawyer is a great option. Contact our team today to schedule a free consultation and discuss your eligibility.