Gun Penalties Explained
If you want to know how to beat a gun charge in Maryland, you need to talk with a Maryland gun lawyer about gun charges and penalties. They can give you the direction and advice you need to ensure a more successful outcome.
Carrying or Transporting a Handgun: Maryland Concealed Carry Laws and Gun Possession Crimes
The Maryland Criminal Law Code, section 4-203 covers gun possession crimes. Specifically, these crimes include arrests that involve wearing, transporting, or carrying a firearm without a proper license or permit.
However, the code does not pertain to persons required to carry a firearm in their job, such as the police or correctional officers. It also does not apply to those who transport weapons, with the proper permits, between retailers or to and from a gun repair shop.
How to Beat a Gun Charge for an Illegal Search of a Vehicle?
One of the most common methods an attorney uses to beat a gun charge in Maryland is to challenge the legal process. Specifically, under the Fourth Amendment of the Constitution of the US, all citizens receive protection from unreasonable search and seizure.
But while law enforcement officers may stop and search a vehicle if they have probable cause, they may also overstep their boundaries.
For instance, if you’re in constructive possession of a semi-automatic pistol (or it’s not on your person), you may beat a gun charge if you didn’t know the weapon was in the glove compartment or another area of the car.
The criminal justice system also allows for warrantless searches if a driver, for instance, has committed an obvious public safety violation such as reckless driving.
Gun Charges in Maryland and Their Consequences
Accordingly, understanding the different types of gun crimes in Maryland can contribute to a stronger court defense by a Maryland attorney. Below are common examples:
Illegal Possession of a Firearm
Possessing a firearm, whether on your person or in your home, without the proper permits is a misdemeanor crime. If you’re a convicted felon who served a prison sentence, carrying a gun is unlawful and can lead to serious repercussions.
Additionally, this type of charge can carry severe penalties. The maximum penalty is 15 years of prison time, and the mandatory minimum sentence is 5 years behind bars. You may also have to pay a fine of $l0,000.
Thus, if the police catch you carrying a handgun and you have a criminal history, speak with an attorney immediately.
Possession of a Concealed Weapon Under Maryland’s Gun Penalties
Carrying a concealed weapon without the appropriate license or carrying an unregistered firearm in this manner can lead to incarceration.
Unlawful Sales of Firearms Under the Gun Law
Selling firearms without a license or to individuals who are legally prohibited from owning them can land you in prison.
Use of a Weapon in the Commission of a Crime
Using a gun to commit a serious or violent offense enhances the severity of gun crimes with respect to charges and potential penalties.
Illegal Discharge of a Firearm
Discharging a firearm, such as a semiautomatic pistol or rifle, in public spaces or on school property in a manner that recklessly endangers others can carry heavy penalties.
How Can an Experienced Maryland Gun Lawyer Help Me?
It’s important to ensure the best defense possible if authorities charge you with illegal gun possession in criminal cases.
Whether you have many gun charges or you wish to avoid jail time and can count yourself among the first offenders, you need to make sure your lawyer is experienced in defending Maryland gun charges in criminal arrests.
Moreover, they should be able to negotiate with the prosecution, whether they’re handling cases that involve repeat offenders or first-time defendants.
The right to bear arms involves following the law when it comes to registering a weapon and carrying it properly. Previous convictions or using a gun to commit a separate crime can lead to severe consequences legally.
That’s why you should consult with a skilled lawyer to beat such a charge and receive the best defense or a more favorable outcome in your criminal defense.
Further, a Maryland gun lawyer can help you strategize your case, so there’s some reasonable doubt about the reason for an illegal gun possession arrest and gun charges.
Likewise, by retaining the services of a criminal defense attorney in Maryland, you can beat a handgun charge or lessen the negative impact that a serious gun charge or arrest can have on you in court and with the prosecution.
Maryland Gun Penalties For Gun Crime Cases Including Unlawful Possession of Guns and Assault Pistols
Several factors influence the severity of Maryland gun penalties for gun possession cases and the potential consequences for the unlawful carrying of weapons.
Prior Convictions
A prior criminal history, especially related to firearms, can significantly increase penalties for felony gun charges – turning misdemeanors into felony charges and increased jail time.
If you’ve been convicted of a violent offense or a misdemeanor that carries a maximum sentence of two or more years, you can’t lawfully possess a regulated firearm in Maryland.
The Type of Offense
Using a weapon in the commission of a criminal activity typically results in harsher penalties than merely possessing an unregistered gun, which may lead to a misdemeanor conviction of up to three years.
Impact of Location on Severity of Penalties
Carrying a firearm, such as a semiautomatic pistol, in certain restricted areas is against the law. Likewise, carrying a handgun on school property or inside a government building can lead to your arrest. If authorities catch you with a weapon in a school zone, they may fine you $1,000 and incarcerate you for up to three years.
Unlawful Possession of a Weapon
Maryland’s Guns Act carries its own set of penalties – including the prohibition of possessing, using, and selling assault rifles.
Weapon FAQs Answered by Our Criminal Defense Lawyers
What is the new gun law in Maryland?
The 2023 Maryland Gun Safety Act prohibits gun owners from taking firearms into hospitals, schools, governmental buildings, or businesses that sell cannabis or alcohol. They also can’t take guns into museums, racetracks, stadiums, and video lottery sites.
Is Maryland strict on gun laws?
Maryland has some of the strictest laws in the nation. Unlawful possession of a weapon after a previous conviction for a violent crime or drug offense is indeed serious and may lead to a maximum penalty of 15 years imprisonment.
What is the Maryland EXILE Program?
The Maryland EXILE program allows a state’s prosecutor to review the arrest records of repeat offenders who used a weapon in the commission of a violent crime or drug offense.
What is the minimum sentence for a firearm charge in Maryland?
You may be incarcerated for 30 days if you receive a minimum sentence for illegal possession.
Is illegal possession of a handgun a felony in Maryland?
Authorities label illegal possession of a firearm as a felony when a felon carries a handgun or uses the weapon in a separate crime.
Is carrying a concealed weapon a felony?
Carrying a concealed weapon counts as a misdemeanor unless you have been convicted of a more serious offense. The maximum sentence for a misdemeanor charge is three years in jail.
Can you get probation to beat penalties?
You may be able to get probation if it’s your first offense.
How long is the waiting period for getting a handgun in Maryland?
To get a permit, you usually have to wait 30 days.
What is the sentence for a felon with a weapon?
Illegal possession of a firearm can lead to prison time with a mandatory minimum sentence of up to 10 years. If the offender has 3 or more felonies, they may face a mandatory sentence of 15 years.
Can a felon be around a legal gun owner?
Yes, they can be around a legal gun owner as long as they don’t have actual possession or constructive possession of the weapon. Specifically, this means that if you live with a felon and own a rifle or pistol, you must store it in a location, preferably outside your home, where only you know where the weapon is kept.
Even a locked-up weapon can count as possession if the felon knows where the keys and gun are stored.
Can a convicted felon be around ammunition?
Possession of ammunition for a regulated firearm is unlawful. If the arrestee is a felon or a drug user who was previously incarcerated, they are subject to 10 years imprisonment.
Can you restore your right to bear arms if you’re a felon?
The only way to restore your rights is to get a pardon from the Governor. Hence, to be eligible for a pardon, you must finish probation or parole and complete your sentence without further legal trouble.
You must have 10 crime-free years or seven years with a state parole commission waiver to get a pardon. If you were convicted of a violent crime or drug offense, you must wait 20 years or 15 years with a commission waiver.
Contact a Maryland Gun Lawyer at the Law Offices of Alex Poberesky
Do you need legal representation for a gun crime? If so, you can receive a free case evaluation by setting an appointment with one of our knowledgeable criminal defense lawyers. Contact us today if you’re seeking legal counsel and an attorney for a handgun crime or weapons-related criminal defense.
