Handgun Question

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  • aje14700

    Member
    Nov 13, 2014
    4
    So some background first. I'm 19, in college, and live in Indiana. I have my carry permit and I'll be getting a handgun (under the 10 round limit). This summer I'll be working in Maryland at an internship for about 70-77 days.
    I'd like to bring my handgun and some ammo for my apartment solely for defense in my apartment, I'm fine with not having a Maryland carry permit. I want to know if it's legal for my to have my handgun with me.
    While in most cases it looks like you need to be 21, here it says in section 5-133 subsection d number iv, that a person under 21 can use a regulated firearm (ie handgun) if:
    the possession of a firearm for self–defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest.
    So does this mean I can have it with me solely for self defense purposes, or does it mean when legally owned by someone over 21, that someone under 21 can use it when there's a break-in?
    I don't want to inadvertently break the strict gun laws in Maryland, but I also want to protect myself if the need arises.
    Also is it illegal to bring in the handgun in state because it was purchased after October 1st 2013 (it's RIA 1911A1 .45ACP 8 round mag)?
    Thanks for all comments and replies.
    If necessary, I'll just bring my Remington 870, but handguns are easier to transport.
     

    Wendigo

    Hungry
    Mar 31, 2013
    1,421
    Reisterstown
    Since you're over 18 and own the gun there should be no issue with you bringing it into MD with you. I do t think there's a way for someone between the age of 18-21 to legally acquire a handgun in MD, but I don't believe there is a law against owning a handgun at that age. Make sure to follow MD transport laws for handguns, unloaded and in a case or enclosed holster. It's also legal to possess magazines over 10 rounds in MD, you just can't buy or sell them here, so you can bring in whatever you want mag-wise. And since you aren't establishing residency you don't need to worry about registering your handgun with the state police.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    You cannot buy a handgun until you are 21 years old. That is Federal law.

    From BATFE page:

    Q: Does a customer have to be a certain age to buy firearms or ammunition from a licensee?
    Yes. Under the GCA, long guns and long gun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some State and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If State law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement.

    It seems that a person under 21 may possess and use a handgun, but I think that is to cover you if someone over 21 has a handgun in the residence and you need to use it in SD.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,455
    Westminster USA
    You cannot buy a handgun until you are 21 years old. That is Federal law


    It seems that a person under 21 may possess and use a handgun, but I think that is to cover you if someone over 21 has a handgun in the residence and you need to use it in SD.

    That law applies to FFL's, IIRC, not private citizens. as you point out. In VA for example, an 18 year old can purchase and possess a handgun from a private sale AFAIK
     

    aje14700

    Member
    Nov 13, 2014
    4
    You cannot buy a handgun until you are 21 years old. That is Federal law.

    Correct, someone can't buy a handgun until they're 21, but someone under 21 but over 18 can own one if given one as a gift or inheritance from a family member. It's upto the state for owning and operating above 18 and below 21.
    In Indiana, you only have to be 18 to own and operate a handgun on your own, I even have my carry permit to show 18 year olds can have a handgun. It's upto the state, and I'm wondering if MD is the same way or not.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,455
    Westminster USA
    Correct, someone can't buy a handgun until they're 21, but someone under 21 but over 18 can own one if given one as a gift or inheritance from a family member. It's upto the state for owning and operating above 18 and below 21.
    In Indiana, you only have to be 18 to own and operate a handgun on your own, I even have my carry permit to show 18 year olds can have a handgun. It's upto the state, and I'm wondering if MD is the same way or not.

    You can't buy a handgun from an FFL until you are 21. State laws can and do allow purchase and ownership through private sales or a gift.

    IANAL
     

    NormH3

    Banned
    BANNED!!!
    May 31, 2011
    779
    Delaware
    You can't buy a handgun from an FFL until you are 21. State laws can and do allow purchase and ownership through private sales or a gift.

    IANAL

    Apparently he is legally allowed to own one in Indiana as he does state that he has his conceal carry.
     

    aje14700

    Member
    Nov 13, 2014
    4
    So to be clear, I'm legally allowed to have my handgun in my state and the 30ish other states my permit is valid at 18 years old.
    I'm wondering if in MD, can I be 18 and have my handgun in my apartment.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,455
    Westminster USA
    NO.

    IANAL.

    Possession of a handgun by someone under 21 is illegal in MD

    MD does have an exception in their LTCH permit law stating a permittee only has to be an adult, which is 18. But if you don't have a permit and possess it for your job, it seems illegal. IANAL
    (d) Possession by person under age 21
    years prohibited; exceptions.
    (1) Except as provided in paragraph (2) of this
    subsection, a person who is under the age of 21
    years may not possess a regulated firearm or
    ammunition solely designed for a regulated fire-
    arm.
    (2) Unless a person is otherwise prohibited
    from possessing a regulated firearm, this sub-
    section does not apply to:
    (v) a person who is required to possess a reg-
    ulated firearm for employment and who holds a
    permit under Subtitle 3 of this title; or
    I'd consult an attorney first.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    You cannot legally possess a handgun in MD, subject to limited exceptions. The exception you quoted would ONLY apply when there is a trespasser. No trespasser, no exception to the bar on possession. Just bring the 870.

    I miss IN. I still have my lifetime LTCH, and first gun I ever bought at 19. When you get here, be sure to come by Engage in Rockville, I'd love to reminisce about IN from behind enemy lines in MD.
     

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