Purchasing a firearm is a highly regulated activity in the United States, and Maryland is no exception. Therefore, anyone selling or buying a gun should know the laws surrounding this transaction.
- What is a Maryland Firearm Bill of Sale?
- What Are The Requirements for Selling a Firearm in Maryland?
- Documents Needed To Complete a Bill of Sale in Maryland
- Additional Maryland Firearm Laws
- Concealed and Open Carry Laws in Maryland
- Maryland Firearm Reciprocity
- How To Write a Firearm Bill of Sale in Maryland
- Maryland Firearm Bill of Sale Sample
What is a Maryland Firearm Bill of Sale?
A Maryland Firearm Bill of Sale is a document a private seller needs before selling or transferring a firearm in the state.
The bill of sale form proves the sale and ownership transfer of a gun in Maryland.
A seller and buyer sign this form, often in the presence of a notary public, to record the transaction.
What Are The Requirements for Selling a Firearm in Maryland?
All firearm sales in Maryland must be completed through the Maryland State Police. Anyone wishing to purchase, rent, or transfer any firearm must fill out the form, MSP 77R Application and Affidavit to Purchase a Regulated Firearm.
The MSP 77R applies to all sales and transfers, including:
- Licensed firearm dealers
- Gun shows
- Private sales
- Secondary sales
The MSP-77R can only be completed through the online Licensing Portal.
Private Parties Selling Firearms in Maryland
Per Md. Public Safety Code Section 5-124, private individuals can only sell regulated firearms (handguns and assault weapons) through a licensed dealer, a Maryland Regulated Firearms Dealer’s License and a Federal Firearms License (FFL).
The licensed dealer will perform the background check and retain the records as federal and state law requires.
To complete the sale, the parties must go through the licensed dealer or a designated law enforcement agency.
Buyers must have a valid Handgun Qualification License (HQL) before purchasing, renting, or receiving a regulated firearm in Maryland.
There are exceptions such as for active law enforcement, Maryland licensed firearms dealers, or antique firearms.
Does the Law in Maryland Require a Firearm Bill of Sale?
Maryland does not specifically require a firearm bill of sale, but private sellers should have one for their records.
The bill of sale will contain information about the buyer, the seller, the firearm, and the purchase details which can be used later on as proof of the sale.
Firearm Inheritance Laws in Maryland
Md. Code Regs. Section 29.03.01.10 explains that for transfers of a regulated firearm by inheritance, the recipient must register and submit a completed firearm application.
If the recipient is under 21, it must be registered in the new owner’s name and held by the estate until the owner reaches the age of 21.
An assault rifle or assault pistol may only be inherited if the decedent possessed it before Maryland’s gun ban was enacted in 2013.
Documents Needed To Complete a Bill of Sale in Maryland
Maryland does not require a bill of sale for a firearms transaction. If you sell or transfer a firearm, you need the Maryland Application and Affidavit to Purchase a Regulated Firearm form, MSP-77R.
You should have the weapon’s serial number and buyer and seller identification.
Legacy weapons and antiques should have proof of the original date of sale.
Additional Maryland Firearm Laws
The best resource for Maryland firearms laws and transfer requirements is the Maryland State Police website.
Who Cannot Purchase a Firearm in Maryland?
Maryland has an extensive list of individuals who may not possess a regulated firearm outlined in Md. Public Safety Code Section 5-118, including anyone:
- Under the age of 21 years old
- Convicted of any disqualifying crime, including felons, habitual offenders, or anyone with an order of protection against them
- Suffering from a mental disorder and has a history of violent behavior against themselves or others
- Habitual drunkard
- Addicted to a controlled dangerous substance or is a habitual user
- Fugitive from justice
- Under the protection of a guardian appointed by a court order except for solely physical disability
Maryland has a red flag, or extreme risk protective order (ERPO) law, which allows judges to issue restraining orders permitting law enforcement to temporarily remove an individual’s firearms if they are deemed a risk to the person requesting the restraining order.
Does Maryland Have a Waiting Period for Firearm Sales?
Maryland has a seven (7) day waiting period for regulated firearms (handguns or assault weapons).
There is no waiting period for rifles and shotguns.
Can You Buy a Gun in Maryland Without Registering It?
No. All regulated firearms must be registered with the Maryland State Police.
Does a Gun Bill of Sale Have To Be Notarized in Maryland?
An actual firearm bill of sale is not required in Maryland. If a buyer or seller wants to create their own bill of sale, they may want it notarized for added protection but this is not a requirement.
Is a Record of Firearms Sent to Police in Maryland?
The Maryland State Police keeps a permanent record of all transfers of regulated firearms.
All sales and transfers of handguns and assault weapons must be carried out through licensed dealers, and the forms must be sent to the Secretary of the State Police for background checks and retention.
Concealed and Open Carry Laws in Maryland
Maryland’s open and concealed carry laws are identical. Maryland does not allow open or concealed carry of a handgun without a permit.
Anyone who has obtained such a permit can carry a handgun, concealed or openly, except where it is otherwise not permitted by law.
Maryland does not require anyone carrying a concealed firearm to notify a police officer that they are in possession of a firearm when stopped or searched.
How To Apply To Carry a Firearm in Maryland
To obtain a permit to carry a firearm in Maryland, an applicant must:
- Be 21 years of age or older
- Have no felony convictions or misdemeanor sentences for over one year
- Have no convictions for possession, use, or distribution of a controlled dangerous substance
- Not presently be an alcoholic, addict, or habitual user of a controlled dangerous substance
- Have completed a Maryland State Police-approved firearms training course
- Have met all state and federal requirements, including a background check
Maryland Firearm Reciprocity
Maryland does not recognize concealed weapons permits issued in other states, meaning that concealed-carry permit holders cannot carry their weapons in Maryland.
Maryland permit holders have reciprocity to carry their concealed weapons in these states:
- New Hampshire
- North Carolina
- South Carolina
- South Dakota
- West Virginia
How To Write a Firearm Bill of Sale in Maryland
A Maryland firearm bill of sale is not necessary for the transfer of firearms, but it will give both buyer and seller protection and proof that the sale of the firearm took place.
To write your firearm bill of sale:
Step 1 – Research Your Local Firearm Laws
Take the time to review the requirements for transferring a regulated firearm and what liability you may be exposed to if you transfer a firearm to someone who is not allowed to have one.
Step 2 – Fill in All Parties to the Sale
Your bill of sale should provide complete information about the buyer and seller, including:
- Contact information (phone number and email)
- Driver’s license or state ID numbers
Step 3 – Describe the Firearm(s) Being Sold
Include a detailed description of the firearm being sold. This protects both buyer and seller if the firearm is stolen or used in the commission of a crime.
The description should include:
- Serial number
- Make and model
- Accessories and customizations
- Present condition
Step 4 – Details of the Sale
The bill of sale acts as a receipt, so it should also include any agreed-upon sales details, including:
- Date of purchase
- Sale price
- Payment agreement (paid in full, down payment, installment payments)
- Date of transfer, if different than the date of purchase
Step 5 – Signatures
Both parties should sign the firearm bill of sale upon finalization of the transfer of the firearm.
Maryland does not require a bill of sale for firearms, but sellers and buyers should have one before completing a Maryland firearm transfer.
This template will let you easily create a Maryland firearms bill of sale for any purpose.
Maryland Firearm Bill of Sale Sample
Below is an example of what a Maryland firearm bill of sale looks like. You can create a customized form using our document builder.