Americans are guaranteed the right to bear arms under the Second Amendment. However, that doesn’t apply to Marylanders who’ve been convicted of specific crimes.

Losing your gun rights after a criminal conviction can feel like losing a fundamental part of your personal freedom. However, in Maryland, there are ways to restore those rights, although the process isn’t always straightforward.

If you’re looking to own a firearm again, you’ll need to navigate state and federal laws, meet eligibility requirements, and possibly petition the courts. None of those are easy to do, and the process can take a lot of time. Here’s what you need to know.

When do you lose your gun rights?

In Maryland, if you’ve been convicted of a felony or certain misdemeanor crimes, you’re prohibited from possessing a firearm. This includes violent crimes, drug offenses, and domestic-related convictions. Other infractions that usually mean you lose your gun rights include:

• Alcohol addiction
• Being a fugitive
• Being imprisoned for more than two years
• Being found incompetent to stand trial
• Being involuntarily committed to an institution
• Being voluntarily admitted to a facility for more than 30 consecutive days
• Suffering from a mental disorder and having a history of violent behavior
• Being under the protection of a guardian for non-physical disability
• Being the respondent on MD non-ex parte protective order
• Being the respondent on an out-of-state protective order

Federal law backs this up, barring felons and some of those convicted of misdemeanors from owning or buying guns. That said, there may be a way to reclaim your gun rights and your ability to protect yourself and your loved ones.

How can you restore your gun rights?

Restoring your gun rights depends on what you were convicted of, how much time has passed, and whether you meet specific conditions. Note that these conditions can vary depending on the conviction in question, as well as other elements of your history. Here are the main routes:

1. Expungement or pardon

If your conviction is eligible for expungement or if you receive a pardon from the governor, your gun rights could be restored (but not automatically). Maryland doesn’t allow expungement for most felony convictions, but pardons are possible.

If you’re interested in trying for a pardon, you’ll need to apply to the governor through the Maryland Parole Commission. That involves submitting an Application for Pardon to the Parole Commission, along with copies of the docket information related to your conviction.

Note that not all applicants will receive a pardon, and even if you are pardoned, there is no guarantee that it will restore your gun rights. Also, note that expungements are rare and difficult to get, particularly if you’re trying to file on your own.

• If you received a “Probation Before Judgement,” you’ll need to wait for three years to apply for an expungement through the court.
• Some crimes, including drug possession, property crimes, misdemeanor theft, and others, carry a five-year waiting period before you can apply for expungement.
• Some crimes (second-degree assault, common law battery, and others) have a seven-year waiting period.
• Anything “domestically related” requires a 15-year wait for expungement.

2. Petitioning the courts

If you’re not eligible for an expungement or a pardon, you may have other options. In some cases, you can petition the court for firearm rights restoration. This usually requires demonstrating that you’re no longer a threat to public safety and that enough time has passed since your conviction. But what does all that mean? Here’s what you need to know:

• You’ll need to have completed the terms of your parole or probation.
• If you were convicted of a felony, you’ll need to wait at least 10 years without committing another crime.
• If you were convicted of a misdemeanor, you’ll need to wait at least five years without committing another crime.
• If you were convicted of a violent crime or a violation related to controlled substances, you’ll need to be crime-free for 20 years.
• If a Parole Commission waiver is granted, you’ll need to be crime-free for seven years.

3. Federal relief through ATF

If your conviction is disqualifying at the federal level, you may need to seek relief from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). However, this process is rarely granted due to funding restrictions.

Are there waiting periods to restore lost gun rights?

Maryland law imposes no universal waiting period for gun rights restoration, but the process isn’t immediate. Courts and agencies take time to review petitions, and if you’re applying for a pardon, it could take years, if it happens at all. The best option here is to be patient and let the process play out or work with an experienced attorney who may be able to expedite things.

What about out-of-state convictions that remove gun rights?

If you were convicted outside of Maryland, you must follow the laws of the state where you were convicted before Maryland will recognize your eligibility for restoration. Out-of-state convictions are notoriously difficult to deal with, so make sure you have experienced legal help to get through the process.

Get legal help before applying to restore your gun rights

Trying to restore your gun rights without legal guidance is incredibly challenging. It’s a lot like navigating a maze blindfolded. A skilled attorney can review your case, determine eligibility, and help you take the right steps depending on your conviction, the time that’s passed, and other factors. If you’re serious about reclaiming your Second Amendment rights, legal support can help give you a chance.

Restoring your gun rights isn’t guaranteed, but it’s possible with the right strategy. If you’re ready to take action, reach out to the experienced attorneys here at Carey Law Office. Contact us today to schedule a consultation with an attorney who focuses on firearm rights and criminal record relief.