Is a fully‑automatic weapon legal to own in Maryland after the 2026 gun‑law overhaul? Yes, but only under the strictest federal and state controls. The state still classifies machine guns as “National Firearms Act (NFA) items” and requires a Type 03 license, a background check, a $200 tax stamp, and approval from both the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Maryland State Police. The 2026 amendments tighten storage, transfer, and registration requirements, but they do not outright ban civilian possession of fully‑automatic firearms that were legally registered before the changes.
2026 Legislative Changes in Maryland
The 2026 budget bill added Section 2‑322 of the Maryland Criminal Law Code, mandating annual inspections of NFA weapon safes and obligating owners to report any change of address within 30 days. The law also imposes a mandatory 10‑year renewal of the Type 03 license, aligning Maryland with the ATF’s 2025 “Enhanced NFA Compliance” rule. Failure to comply results in immediate revocation of the license and criminal charges under Maryland Code § 6‑103.
Definition of a Full‑Automatic Firearm
A full‑automatic firearm discharges one or more rounds each time the trigger is pulled, continuing until the trigger is released. Federal law defines it in 18 U.S.C. § 922(o) and includes any weapon capable of converting to automatic fire via a “machine gun conversion kit.” Maryland adheres to this definition, and the state’s own statutes reinforce the prohibition of unregistered devices.
Legal Pathway to Ownership
- Obtain a Type 03 NFA License – Submit an ATF Form 4, undergo a thorough FBI background investigation, and secure a $200 tax stamp.
- State Approval – Provide the completed ATF application to the Maryland State Police, who verify compliance with state storage and reporting rules.
- Register the Weapon – Record the serial number, make, model, and safe location in the Maryland NFA Registry.
- Maintain Compliance – Store the firearm in a UL‑rated safe, complete annual inspections, and renew the license every ten years.
Only firearms legally possessed before the 2026 effective date are eligible for transfer; new acquisitions must meet the updated criteria.
Enforcement and Penalties
Violations trigger both state and federal consequences. Under 18 U.S.C. § 922(o), illegal possession of a machine gun can result in up to 10 years imprisonment and a $250,000 fine. Maryland adds a separate felony under § 6‑202, carrying a maximum of 5 years imprisonment and a $10,000 fine. The dual‑jurisdiction approach means prosecutors can pursue the harsher of the two statutes.
Key Takeaways for Prospective Owners
- Full‑automatic firearms remain legal in Maryland, but only for holders of a current Type 03 license and a valid ATF tax stamp.
- The 2026 statutes increase administrative burdens: annual safe inspections, a ten‑year license renewal, and strict reporting obligations.
- Non‑compliance leads to severe criminal penalties at both the state and federal levels.
- Transfer of NFA items is possible only between licensed Maryland residents who meet the enhanced criteria.
- Anyone interested should consult an attorney experienced in firearms law to navigate the complex licensing process.
FAQ
Can I purchase a brand‑new fully‑automatic rifle in Maryland after 2026?
No. New manufacture of NFA weapons for civilian sale has been prohibited since 1986, and Maryland’s 2026 law does not alter that prohibition. Only pre‑registered, lawfully transferred firearms may change hands.
Do I need a separate state permit in addition to the ATF tax stamp?
Yes. Maryland requires a Type 03 NFA license, which is distinct from the federal tax stamp. Both must be active for legal possession.
What happens if I move out of state with my machine gun?
You must notify the Maryland State Police within 30 days and obtain a transfer approval from the ATF for the new jurisdiction. Failure to do so can result in license revocation.
Are there any exemptions for law‑enforcement or military personnel?
Law‑enforcement officers can possess fully‑automatic firearms under departmental policies without a Type 03 license, but they still must comply with ATF regulations. Active‑duty military members are governed by federal military regulations, not state law.
How does the annual safe inspection work?
A certified firearms inspector visits the owner’s residence once per year, verifies that the weapon is stored in a UL‑rated safe, and signs a compliance form that is filed with the Maryland State Police. Non‑compliance triggers a three‑day grace period to remediate before penalties are assessed.