The Second Amendment to the United States Constitution provides for the right to keep and bear arms, and reads: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
Some people believe this language creates a Constitutional, individual right for citizens of the United States to keep and bear arms, and prohibits Congress and state legislatures from prohibiting or restricting the possession of firearms.
Others believe the beginning words ("A well regulated militia being necessary”) indicate the intent of the Amendment was only to restrict Congress from limiting a state’s right to self-defense. This collective rights theory of the Second Amendment holds that citizens do not have an individual right to possess firearms, and that federal, state, and local legislative bodies may regulate the possession of firearms without implicating a Constitutional right.
At the time the First Amendment was ratified, some militia members used their own weapons, and some used weapons from their state’s militia stores.
In Maryland, the Second Amendment to the United States Constitution is recognized, providing for the right to keep and bear arms. However, the interpretation of this amendment has been subject to debate, with some viewing it as a guarantee of an individual's right to possess firearms, while others see it as a collective right tied to the maintenance of a well-regulated militia. Maryland law reflects a balance between these interpretations, allowing for the ownership of firearms by individuals while also implementing regulations to control the use and possession of firearms. Maryland has enacted various state statutes that regulate the sale, transfer, possession, and carrying of firearms. These regulations include background checks, licensing requirements, and restrictions on certain types of firearms and high-capacity magazines. The state also has laws concerning the storage of firearms to prevent access by unauthorized users, particularly minors. It is important to note that federal law also applies, including background checks and restrictions on the ownership of firearms by certain individuals, such as convicted felons. An attorney can provide specific legal advice on how federal and state laws interact and how they may affect an individual's right to bear arms in Maryland.