Under Maryland law, Public Safety §5-306 allows an individual to carry a firearm, provided it is concealed. This permit is commonly referred to as a Concealed Carry Permit, a Wear Carry Permit or simply a CCW. While this law grants the right to carry in most places, there are certain locations in Maryland where firearms are strictly prohibited under Maryland Criminal Law §4-111.
To qualify for a CCW under Maryland Public Safety §5-306, individuals must meet specific requirements, including having a criminal record that does not violate the terms of Maryland Law. (See Maryland Public Safety §5-306 as well as §§5-101 and 5-133) However, a person who does not initially qualify may have their right to carry restored by obtaining relief under 18 U.S.C. §925(c). This federal statute allows individuals to petition for the restoration of their firearm rights.
Unfortunately, 18 U.S.C. §925(c) exists in only in law but not in practice. Since 1992, the federal government has refused to fund the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) program that assesses whether applicants meet the criteria for relief under 18 U.S.C. §925(c). As a result, no one has been able to utilize this pathway for over three decades.
It is time to reinstate the ATF’s funding for this program. Across the nation, there is a growing recognition that providing individuals with a means to clear their records and regain their rights is essential. Offering a legitimate path to redemption not only benefits individuals but also strengthens communities by encouraging lawful behavior and reintegration into society. In Maryland we have been able to greatly expand expungement laws to the benefit of thousands of Marylanders and their families.
We know that when people are denied opportunities to move forward in life, they may become discouraged from seeking legal remedies. In some cases, this could even lead to extrajudicial actions. A system that allows for the restoration of rights promotes fairness and reinforces trust in the legal process. It is a tough pill to swallow that Congress thought enough about this to draft and pass 18 U.S.C. §925(c) and subsequent legislators, for what whatever reason, simply refuse to fund a program that was intended to help people redeem themselves.
Therefore, funding for 18 U.S.C. §925(c) must be restored. The failure of the federal government to allocate resources to this program is well-documented, and further details on this issue can be found on the ATF’s website. A link to their notice is provided below.
By Roland S. Harris IV, Esq.
Senior Partner
COHEN|HARRIS LLC
Co-Author of the Maryland Use of Force Handbook