Gun Charges in Maryland and Their Consequences

Maryland gun laws are among the strictest in the nation. Gun charges in Maryland can have severe consequences. These penalties can be increased further depending on your previous criminal record, the location of the crime, and type of firearm used. If you have been arrested for a misdemeanor or felony weapons charge, you could be facing substantial fines and years of imprisonment. It is important that you obtain legal representation from a knowledgeable Maryland attorney as soon as possible.

If you have been arrested on gun charges in Maryland, let one of our experienced attorneys give you the legal counsel you need today.

Understanding Gun Laws

Gun laws govern the possession, purchase, and use of firearms, varying significantly across jurisdictions. In the United States, federal laws establish baseline regulations, such as background checks through the National Instant Criminal Background Check System (NICS) for firearm purchases and restrictions on ownership for certain individuals, including felons and those with restraining orders. However, state and local governments often implement additional laws, creating a patchwork of regulations. These can include permit requirements for carrying concealed or open firearms, waiting periods for gun purchases, and bans on certain types of weapons. Understanding these laws is crucial to ensure compliance and avoid serious legal consequences.

Felony Gun Charge

A charge for a felon in possession of a gun, often referred to as a felony gun charge, is a serious legal offense that carries significant penalties. Laws across many jurisdictions prohibit individuals convicted of felonies from owning or possessing firearms, viewing this as a critical measure to prevent gun violence and enhance public safety. This restriction typically applies regardless of whether the prior felony conviction was violent or non-violent. Violating these laws can result in harsh consequences, including mandatory prison sentences, substantial fines, and a permanent criminal record. Federal and state laws often work in tandem, with federal statutes such as 18 U.S.C. § 922(g) imposing strict penalties on felons caught with firearms.

The severity of a felony gun charge often depends on various factors, including the type of firearm involved, the circumstances under which it was found, and the nature of the individual’s prior convictions. For instance, possessing a weapon classified as illegal, such as a fully automatic firearm, can lead to even steeper penalties. Additionally, if the firearm possession is linked to another crime, such as drug trafficking or robbery, the defendant may face enhanced sentencing under applicable laws. Repeat offenders are also subject to stricter consequences, as courts often view recurring criminal behavior as a heightened threat to public safety.

Defending against a felony gun charge requires a thorough understanding of both state and federal laws, as well as the specific details of the case. Common defenses include challenging the validity of the evidence, such as arguing that the firearm was discovered during an unlawful search and seizure, or asserting that the defendant was unaware of the gun’s presence. Legal representation is essential to navigate the complexities of such cases and to potentially mitigate penalties. Given the severe ramifications of a conviction, these charges underscore the importance of compliance with firearm laws and the need for effective legal advocacy when accused.

Gun Control

Gun control is a deeply divisive and complex issue that centers on balancing public safety with individual rights. Advocates for stricter gun control argue that reducing access to firearms can help curb gun violence, including mass shootings, suicides, and domestic violence incidents. Policies such as universal background checks, red flag laws, and restrictions on high-capacity magazines aim to ensure that firearms are kept out of the hands of individuals who may pose a danger to themselves or others. These measures are often supported by data from countries with stringent gun regulations that report lower rates of firearm-related deaths. Proponents emphasize that such laws do not infringe on responsible gun ownership but rather prioritize community safety and crime prevention.

On the other hand, opponents of stricter gun control often frame the debate around constitutional rights, particularly the Second Amendment of the United States Constitution, which guarantees the right to bear arms. They argue that limiting access to firearms infringes on personal freedoms and leaves law-abiding citizens vulnerable in situations where self-defense is necessary. Critics of gun control measures also contend that criminals, by definition, do not follow laws, rendering restrictions ineffective at preventing gun violence. Additionally, some argue that addressing underlying societal issues such as mental health and economic disparities is a more effective way to reduce violence. This ongoing debate highlights the need for nuanced policies that address safety concerns while respecting individual liberties.

The Importance of Complying with Gun Laws

Gun laws are designed to balance public safety with individuals’ rights to own and bear arms, as protected by the Second Amendment in the U.S. Noncompliance with these laws can result in severe penalties, including fines, imprisonment, and the permanent loss of firearm privileges. For instance, in states with strict regulations like Maryland, illegal possession of a firearm or violating concealed carry laws can lead to mandatory minimum sentences. Staying informed about gun laws in your area, including recent updates and changes, is essential for responsible gun ownership and to avoid inadvertent legal violations.

Understanding Maryland Handgun Laws

Carrying or Transporting a Handgun and Maryland Concealed Carry Laws

Under Md. Code Ann. § 4-203, it is illegal to wear, carry, or transport a handgun (concealed or open) without a valid permit. The code also prohibits carrying or transporting a gun on school property, or in a vehicle traveling on a public road, parking lot, waterway, airway, or with the deliberate purpose of injuring or killing another person.

In some circumstances, individuals are permitted to transport guns to and from a legal place of sale, a repair shop, or between residences if the gun is unloaded and carried in an enclosed case or an enclosed holster. These gun transportation laws do not apply to law enforcement officials, active duty service members, or correctional officers.

Penalties

Illegally carrying a firearm in Maryland is a misdemeanor. Penalties vary depending on the number of previous offenses:

Penalties for first offenders include up to 3 years in jail and fines ranging from $250 to $2,500.
A second conviction carries a prison sentence between 1 and 10 years.
3 or more convictions requires a minimum of 3 years in prison with sentences up to 10 years.

The use of a firearm during a violent crime or a felony is a misdemeanor and can add up to 20 years to any other sentences imposed.

Unlawful Possession of a Firearm

Gun laws in Maryland prohibit the possession, use, or sale of assault pistols. Under Md Code Ann. § 4-301, assault pistols are defined as one of the following firearms:

AA Arms AP-9 semiautomatic pistol
Bushmaster semiautomatic pistol
Claridge HI-TEC semiautomatic pistol
D Max Industries semiautomatic pistol
Encom MK-IV, MP-9, or MP-45 semiautomatic pistol
Heckler and Koch semiautomatic SP-89 pistol
Holmes MP-83 semiautomatic pistol
Ingram MAC 10/11 semiautomatic pistol and variations including the Partisan Avenger and the SWD Cobray
Intratec TEC-9/DC-9 semiautomatic pistol in any centerfire variation
A.W.S. type semiautomatic pistol
Skorpion semiautomatic pistol
Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell)
UZI semiautomatic pistol
Weaver Arms semiautomatic Nighthawk pistol
Wilkinson semiautomatic “Linda” pistol

The penalties for the possession of an illegal firearm are up to 3 years in prison and a fine of up to $5,000.

Maryland EXILE Program

The Maryland EXILE program is a statewide initiative to prevent gun crimes and prosecute repeat offenders. The program is committed to pursuing violent gangs and seeking jail time for both misdemeanor and felony weapons charges. Under EXILE, the State’s Attorney’s Office will consider federal prosecution for gun charges involving drugs, violent crimes, and defendants with prior criminal convictions. Since state and federal prosecutors will also seek pretrial detention in all EXILE cases, it’s important for those charged with gun crimes in Maryland to seek experienced counsel immediately.

Examples of Gun Crimes

The following are examples of crimes under Maryland gun law:

Use of weapon in school zone: Using or possessing a weapon on school grounds is punishable by up to 5 years in prison.

Unlawful possession of a firearm: A convicted felon or drug user may not possess guns or ammunition of any kind. An unlawful possession of a firearm charge can result in prison time of up to 10 years. Those with 3 or more felony convictions face a mandatory prison sentence of 15 years.

Possession of unregistered firearm: Possessing any destructive device, including a machine gun, sawed-off shotgun, sawed-off rifle, or silencer can result in 10 years in prison without parole.

Firearm Charges

Firearm charges refer to legal accusations or offenses involving the unlawful use, possession, sale, or distribution of firearms. These charges can range from misdemeanors, such as carrying a firearm without the proper permit, to serious felonies, including possession of illegal weapons, using a firearm in the commission of a crime, or trafficking firearms. In many jurisdictions, firearm charges carry severe penalties, including hefty fines, mandatory minimum sentences, and long-term imprisonment. Laws surrounding these charges are often designed to deter violent crimes, ensure public safety, and prevent firearms from being misused or falling into the wrong hands. Convictions can have life-altering consequences, such as the loss of gun ownership rights, difficulty securing employment, and damaged personal and professional reputations.

The severity of firearm charges often depends on the circumstances of the offense, the type of weapon involved, and the defendant’s prior criminal history. For example, using a firearm during the commission of a violent crime can lead to enhanced penalties, including mandatory sentencing under certain laws, like “three-strikes” statutes in some U.S. states. Defenses against firearm charges may include challenging the legality of the search and seizure process, demonstrating lawful possession or use, or arguing that the accused was unaware of the firearm’s presence. Legal representation is crucial in these cases to navigate the complex legal framework and achieve the best possible outcome. As firearm laws vary widely by jurisdiction, understanding local regulations and their potential consequences is vital for anyone facing such charges.

What Are Your Legal Options?

If you were arrested on gun charges in Maryland, there are several defenses you can consider. Common defenses include:

Constructive Possession: An experienced attorney can argue the weapon was not directly under your control. If a weapon was found nearby, but not in your direct possession, this can be a viable defense.

Illegal search: If law enforcement officials found a firearm during an unlawful search, your case could be dismissed. Our attorneys will determine if you experienced an unconstitutional search and work to get your charges dropped.

Each case is unique and our attorneys will examine your case to determine the best defense for your individual situation.

Firearms Regulation

Firearms regulation involves the development and enforcement of laws and policies aimed at controlling the manufacture, distribution, possession, and use of firearms. The primary goal of such regulations is to enhance public safety by preventing gun violence, accidents, and illegal trafficking. Common measures include background checks to assess the eligibility of firearm purchasers, licensing requirements, waiting periods, and restrictions on certain types of weapons like assault rifles and high-capacity magazines. These policies are often designed to strike a balance between enabling responsible ownership and minimizing the risk of firearms falling into the wrong hands. Proponents of comprehensive regulation highlight its potential to reduce firearm-related deaths and injuries while promoting responsible use among gun owners.

Opponents of stringent firearms regulation often cite concerns about individual rights and the effectiveness of such measures. In the United States, the debate frequently revolves around the Second Amendment, with critics arguing that excessive regulations infringe upon constitutional rights and impede self-defense. Others question the practical impact of firearm laws, suggesting that they may disproportionately burden law-abiding citizens while doing little to deter criminals. There is also a focus on addressing broader social issues, such as mental health and poverty, as complementary approaches to reducing gun violence. The conversation around firearms regulation remains a critical and polarizing topic, requiring careful consideration of legal, cultural, and societal factors.

Firearm Laws

Firearm laws are a set of regulations that govern the ownership, possession, use, and transfer of firearms, with the primary aim of promoting public safety and reducing gun-related incidents. These laws vary widely across jurisdictions, reflecting differences in cultural attitudes, historical contexts, and political landscapes. Common elements of firearm laws include mandatory background checks to screen for criminal records or mental health concerns, licensing and registration requirements, and age restrictions for gun purchases. Some regions implement waiting periods to prevent impulsive acts of violence and restrict certain categories of firearms, such as automatic weapons or high-capacity magazines, to mitigate risks associated with mass shootings and other forms of gun violence.

Opposition to stringent firearm laws often stems from concerns over constitutional rights, particularly in countries like the United States, where the Second Amendment protects the right to bear arms. Critics argue that restrictive laws can impede the ability of law-abiding citizens to defend themselves and their property while doing little to deter criminals who may obtain guns illegally. They also emphasize the importance of enforcing existing laws rather than creating new regulations, suggesting that a focus on societal issues like mental health, education, and economic inequality would address the root causes of violence more effectively. Despite these debates, firearm laws remain a critical component of public safety strategies, with ongoing discussions aimed at finding a balance between individual rights and collective security.

New Gun Laws

New gun laws in the United States for 2024 illustrate the varied approaches different states are taking toward firearm regulation, reflecting debates over gun rights and public safety. Here are some notable updates:

Illinois: Under the Protect Illinois Communities Act, the state has banned military-style rifles and high-capacity magazines. Residents owning such firearms must register them by January 1, 2024, or face penalties. This law is aimed at reducing the availability of weapons often associated with mass shootings【19】【20】.

California: California’s Senate Bill 2 introduces restrictions on where concealed carry weapons can be brought, designating sensitive areas like parks, libraries, and places of worship as gun-free zones. This measure is part of a broader effort to address gun violence and regulate firearm use【19】【20】.

Michigan: A series of laws expanding gun safety measures come into effect in 2024. These include mandatory universal background checks, requirements for safe firearm storage, and the implementation of red flag laws. The legislation also prohibits gun ownership for individuals with domestic violence convictions【20】.

Louisiana: The state has approved constitutional carry, allowing residents to carry firearms without a permit. This reflects a trend in several states expanding gun rights【20】.

New Mexico: A seven-day waiting period has been introduced for gun purchases, aiming to reduce impulsive acts of violence linked to firearms. This law awaits final approval from the state’s governor【20】.

These legislative changes highlight the ongoing balance between expanding or restricting access to firearms, reflecting broader societal debates on safety, constitutional rights, and the role of government in gun ownership

Contact Houlon Berman

If you or a loved one are facing gun charges in Maryland, a well-crafted defense can prevent years in prison and hefty fines. The attorneys at Houlon Berman are knowledgeable in Maryland handgun laws and have the expertise and experience to win your case.

If you are looking for an experienced firearm attorney in Maryland, Houlon Berman can provide the legal advice you need. Click here to request a consultation.

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