MARYLAND
GUN LAWYER
Weapon crimes in Maryland are governed and classified under Title 4 of the Maryland Criminal Code. Gun charges in Maryland range from misdemeanor to felony charges. It is critical to your defense to immediately hire a Maryland criminal defense lawyer upon your arrest.
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Maryland courts are increasingly focusing on regulating guns. Some of the most common charges today include:
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- Carrying Or Driving With A Gun Without A Permit
- Illegal Gun Enhancement
- Discharging A Weapon
- Possessing A Weapon Or Being In The Presence Of A Weapon As A Convicted Felon Or As A Person On Probation Or Parole (Depending On Terms Of Plea Or Release)
- Carrying Or Using A Weapon In The Commission Of A Crime
GUNS AND OTHER WEAPONS
Maryland Gun Attorney
You don’t have to be a criminal to be charged with a crime. Homeowners, storeowners, sportsmen, and permit holders can easily find themselves in need of a great Maryland gun attorney in the protection of themselves, their families, their homes, or their property.
The penalties for Maryland gun crimes vary, including large fines, loss of gun rights, and lengthy terms of imprisonment. It is critical to your case to engage a Maryland gun lawyer to assist you in analyzing the case against you for defects as well as protecting your rights if you have been accused of a gun crime in Maryland.
Weapons
Maryland’s weapons law may be found in the Maryland Criminal Code in Title 4 as follows:
Maryland Criminal Code Title 4
Subtitle 1
Subtitle 2
Subtitle 3
Subtitle 4
Subtitle 5
General Provisions
Handguns
Assault Weapons and Detachable Magazines
Uniform Machine Gun Act
Destructive Devices
A credible, diligent Maryland gun attorney can assess the prosecution’s case and analyze the evidence and charging documents to fight on your behalf, or help you negotiate a plea to reduce your charge to a lesser offense.
The below discussion will outline weapon laws in Maryland.
Maryland Gun Attorney
Wearing Carrying
or Transporting a Handgun
Under Maryland Criminal Code § 4-203, individuals are generally prohibited from wearing, carrying, and/or transporting a handgun on their person. Both concealed and open carrying may violate the statute unless one of the many exceptions to this general regulation applies to you, which include:
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- Law Enforcement Officers
- United States Armed Forces Personnel
- Correctional Officers
- Wardens At Correctional Facilities
- Individuals permitted under Title 5, Subtitle 3 of the Maryland Public Safety Article
- Individuals Transporting A Handgun To Or From The Place Of Legal Purchase Or Sale, Or To Or From A Bona Fide Repair Shop, Or Between Bona Fide Residences Of The Person, Or Between The Bona Fide Residence And Place Of Business Of The Person, If The Business Is Operated And Owned Substantially By The Person If Each Handgun Is Unloaded And Carried In An Enclosed Case Or An Enclosed Holster
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Furthermore, individuals in Maryland are prohibited from wearing, carrying, and/or knowingly transporting a handgun, in a vehicle traveling:
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- On A Road Or In A Parking Lot Used By The Public
- On A Highway
- On A Waterway
- On A Maryland Airway
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If you are arrested, you may face additional charges if you violate either of the above regulations:
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- While On Public School Property
- With The Deliberate Purpose Of Injuring Or Killing Another Person
- With A Handgun Loaded With Ammunition
Violation of § 4-203 is a misdemeanor, which carries serious consequences. A Maryland gun lawyer can help you better understand the charges against you and potentially avoid conviction based upon the facts of the case.
§ 4-203 Sentencing
Depending on prior convictions, those found guilty of § 4-203 violations face various penalties, including imprisonment ranging from 30 days to 10 years and fines ranging from $250.00 to $2,500.00.
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If the defendant has not previously been convicted under § 4-203, § 2-204 (prohibiting the use of a firearm in the commission of a crime), § 4-101(wearing or carrying dangerous weapons), or § 4-102 (deadly weapons on school property):
- Not Less Than 30 Days Or More Than 3 Years Imprisonment Or A Fine Of $250.00 To $2,500.00
- If The Violation Occurs On Public School Property The Minimum Sentence Is Increased To 90 Days Imprisonment
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If the defendant has previously been convicted once under § 4-203, § 2-204, § 4-101, § 4-102, § 4-203 or § 4-204:
- Not Less Than 1 Year Or More Than 10 Years Imprisonment
- If The Violation Occurs On Public School Property The Minimum Sentence Is Increased To 3 Years Imprisonment
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If the defendant has previously been convicted more than once under § 4-203, § 2-204, § 4-101, § 4-102, § 4-203 or § 4-204:
- Not Less Than 3 Years Or More Than 10 Years Imprisonment
- If The Violation Occurs On Public School Property The Minimum Sentence Is Increased To 5 Years Imprisonment
- If The Violation Was Committed With The Deliberate Purpose Of Injuring Or Killing Another Person The Minimum Is Increased To 5 Years
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A Maryland gun lawyer can argue the facts of your case to secure a sentence at the lower end of the applicable sentencing guidelines.
Use of a Firearm in
Commission of Crime
Under Maryland Criminal Code § 4-204, a person may not use a firearm in the commission of a crime of violence, or any felony, whether the firearm is operable or inoperable at the time of the crime. Use of a firearm in a crime of violence is a misdemeanor offense.
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Maryland violent crimes include:
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- Abduction
- First Degree Arson
- First Or Second Degree Assault
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- First, Second, Or Third Degree Burglary
- Carjacking And Armed Carjacking
- First Degree Escape
- Kidnapping
- Voluntary Manslaughter
- Attempts To Commit Violent Crimes
- Assault With Intent To Commit Violent Crimes Or A Crime Punishable By Imprisonment For More Than 1 Year
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Maryland defines firearms as:
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- A Weapon That Expels, Is Designed To Expel, Or May Readily Be Converted To Expel A Projectile By The Action Of An Explosive; Or
- The Frame Or Receiver Of Such A Weapon.
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Antique firearms, handguns, rifles, shotguns, short-barreled rifles, short-barreled shotguns, and starter guns, whether loaded or unloaded, are specifically considered to be “firearms” for the purposes of the law in Maryland.
§ 4-204 Sentencing
If found guilty of using a firearm in a violent crime, a defendant faces imprisonment ranging between 5 to 20 years. The sentence will be imposed in addition to (consecutively) the consequences of other charges related to the offense.
You may qualify for an exception to the mandatory minimum sentence for use of firearm in a violent crime. A Maryland gun lawyer can assess the facts of your case and argue on your behalf in support of avoiding the minimum sentence as generally required according to the sentencing guidelines.
Assault Weapons and
Detachable Magazines
Maryland Criminal Code § 4-301 governs the following weapons and detachable magazines under Subtitle 3 of Title 4 of the Maryland Criminal Code, including gun types and manufacturers, listing:
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- Assault Long Guns
- Assault Pistols
- Assault Weapons
- Binary Trigger Systems
- Bump Stocks
- Burst Trigger Systems
- Copycat Weapons
- Detachable Magazines
- Flash Suppressors
- Hellfire Triggers
- Licensed Firearms Dealers
- Rapid Fire Trigger Activators (“Switches”)
- Trigger Cranks
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Maryland prohibits individuals from transporting an assault weapon into Maryland or possessing, selling, offering to sell, transferring, purchasing, or receiving an assault weapon (Maryland Criminal Code § 4-303).
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Maryland prohibits individuals from manufacturing, selling, offering for sale, purchasing, receiving, or transferring a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm (Maryland Criminal Code § 4-305).
This regulation does not apply to .22 caliber rifles with tubular magazines or to law enforcement officers or persons who retired in good standing from service with a law enforcement agency of the United States, Maryland, or any law enforcement agency in Maryland.
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Maryland further prohibits the transportation of rapid fire trigger, commonly called a “switch”, activators as well as the manufacturing, possession, sale, offering to sell, transfer, purchase, or receipt of a rapid fire activator (Maryland Criminal Code § 4-305.1).
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This does not apply to anyone who:
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- Possessed The Rapid Fire Trigger Activator Before October 1, 2018;
- Applied To The Federal Bureau Of Alcohol, Tobacco, Firearms And Explosives Before October 1, 2018, For Authorization To Possess A Rapid Fire Trigger Activator;
- Received Authorization To Possess A Rapid Fire Trigger Activator From The Federal Bureau Of Alcohol, Tobacco, Firearms And Explosives Before October 1, 2019; And
- Is In Compliance With All Federal Requirements For Possession Of A Rapid Fire Trigger Activator.
Subtitle 3 Sentencing
Any individual found guilty of a Maryland Criminal Code Title 4. Subtitle 3. Assault Weapons and Detachable Magazines violation is guilty of a misdemeanor.
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Under Maryland Criminal Code § 4-306, upon being found guilty of an assault weapon or detachable magazine crime, a defendant faces:
- Imprisonment Not Exceeding 3 Years;
- Or A Fine Not Exceeding $5,000.00; Or
- Both.
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Using an assault weapon, a rapid fire trigger activator, or a magazine that has a capacity of more than 10 rounds of ammunition in the commission of a felony or a crime of violence is a misdemeanor. Any sentence imposed will be imposed in addition to all other charges related to the underlying crime.
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Penalties vary based upon prior convictions, such that a defendant faces:
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- A Minimum 5 Years And Maximum 20 Years Imprisonment If It Is A First Violation; Or
- A Minimum 10 Years And Maximum 20 Years Imprisonment For Each Subsequent Violation.
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If this is a subsequent violation, the sentence will be imposed consecutively and not concurrently with the consequences of other charges related to the offense. This means additional time behind bars.
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The court may not impose less imprisonment than the mandatory minimums and, on a first violation, the mandatory minimum may not be suspended. A Maryland gun attorney can help you to understand which sentencing provisions apply to you, analyze your prior record and your current case, and argue on your behalf. Your gun lawyer may be able to help you to suspend a portion or all of your imprisonment or to secure parole.
Machine Guns
The Uniform Machine Gun Act defines a machine gun as a loaded or unloaded weapon capable of automatically shooting more than one bullet per pull of the trigger. In Maryland, you can be charged with possession of a machine gun by simply being present in the same room, boat, or vehicle as the machine gun. If you use a machine gun, or have one in your possession, during the commission or attempted commission of a crime of violence, the consequences are severe, including felony conviction and imprisonment up to 20 years.
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Machine gun owners and manufacturers must register machine guns according to the regulations of § 4-403. Failing to register a machine gun as a manufacturer may result in a misdemeanor conviction and fine of up to $100.00. A Maryland gun lawyer can assist you in avoiding penalties related to machine gun registration.
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Maryland allows possession of a machine gun only for:
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- The Manufacture, Sale, And Transportation Of A Machine Gun For Or To A Military Force Or Peace Officer Of The United States, A State, Or A Political Subdivision Of A State;
- For A Scientific Purpose;
- As A Curiosity, Ornament, Or Keepsake, Of A Machine Gun That Cannot Be Used As A Weapon;
- For A Purpose That Is Manifestly Not Aggressive Or Offensive; Or
- ​The Transportation Of A Lawfully Possessed - Machine Gun By A Person Who Is Carrying A Court Order Requiring The Surrender Of The Machine Gun
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Possessing or using a machine gun for an offensive or aggressive purpose is a misdemeanor which carries the punishment of imprisonment up to 10 years. It’s important to understand clearly which purposes are considered to be offensive or aggressive. A machine gun is presumed to be possessed or used for an offensive or aggressive purpose anytime the machine is:
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- Is On Premises Not Owned Or Rented For Bona Fide Permanent Residence Or Business Occupancy By The Person In Whose Possession The Machine Gun Is Found;
- Is In The Possession Of, Or Used By, An Unnaturalized Foreign-Born Person Or A Person Who Has Been Convicted Of A Crime Of Violence In Any State Or Federal Court Of The United States; Or
- Is Not Registered As Required Under § 4-403 Of This Subtitle; Or
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The presumption also includes instances in which empty or loaded shells that have been used or are susceptible of being used in the machine gun are found in the immediate vicinity of the machine gun. If you’ve been arrested in connection with a machine gun it is important to your case to retain a competent Maryland gun lawyer who can help you navigate the Uniform Machine Gun Act to secure the most favorable outcome.
Do You Need To
Turn In A Machine Gun?
Do you need to turn in a machine gun? If you have received a court order requiring the surrender of your machine gun make sure you meet the following requirements:
- The Machine Gun Must Be Unloaded;
- You Must Notify The Law Enforcement Unit, Barracks, Or Station That The Machine Gun Is Being Transported In Accordance With The Court Order; And
- You Must Transport The Machine Gun Directly To The Law Enforcement Unit, Barracks, Or Station.
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It is critical to pay attention to Maryland’s regulations relevant to the possession and transportation of weapons, even in your attempts to comply with the law. It is wise to hire a Maryland gun attorney to advise and walk you through the process in the event that you need to turn in a machine gun.
Deadly Weapons
on School Property
Carrying or possessing a deadly weapon or gun on school property can result in serious consequences. Under, § 4-102, it is illegal to carry or possess a firearm, knife, or deadly weapon of any kind on public school property. This prohibition does not apply to law enforcement officers in the regular course of duty or off-duty law enforcement officer, provided that they meet certain requirements.
§ 4-102 Sentencing
A person who is convicted of violation of § 4-102 is guilty of a misdemeanor and is subject to imprisonment up to 3 years or a fine up to $1,000.00, unless the offense involves a gun. If the conviction is due to carrying or possessing a gun, the sentence will be determined by Subtitle 2 of Title 4 of the Maryland Criminal Code gun sentencing provisions as described above.
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A Maryland weapon attorney can assist you in proving your authorization or in pleading your case in the best possible light in the interest of securing a dismissal or pleading down to a lesser charge in the event that you lack authorization.
If you have been improperly accused of carrying or possessing a deadly weapon or gun on school property, a Maryland gun lawyer can fight to preserve your reputation by securing a dismissal or not guilty verdict on your behalf.
Restricted Ammunition
Maryland further restricts certain ammunition in relation to the commission of a violent crime, as defined in § 14-101.
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Under § 4-110, restricted ammunition includes any cartridge, shell, or device that contains explosive or incendiary material designed and intended for use in a firearm.
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The cartridge, shell, or device must also have a core constructed, excluding traces of other substances, entirely from one or a combination of:
- Tungsten Alloys;
- Steel;
- Iron;
- Brass;
- Beryllium Copper;
- Depleted Uranium; Or
- An Equivalent Material Of Similar Density Or Hardness.
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§ 4-110 Sentencing
Possession or use of restricted ammunition in the commission of a violent crime is a misdemeanor, which is punishable by:
- Imprisonment Up To 5 Years
- Fine Up To $5,000.00; Or
- Both.
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If you have been charged with possession or use of restricted ammunition in connection with a violent crime, a Maryland gun lawyer can assist you in reducing the charges against you in order to avoid jail time.
Child Access to Firearms
In Maryland, leaving a firearm in a place where a child can access it is a misdemeanor, which is punishable by fine up to $1,000.00. The child must be less than 16 years old.
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For the purposes of this section, a firearm is a:
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- Handgun
- Rifle
- Shotgun
- Short-Barreled Rifle, Or
- Short-Barreled Shotgun.
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This regulation does not apply to:
- ​Children With Firearm And Hunter Safety Certificates, As Regulated Under § 10-301.1 Of The Natural Resources Article Of The Maryland Code;
- Children Supervised By An Individual At Least 18 Years Old;
- Antique Firearms; Or
- Children Who Have Accessed The Firearm By Unlawful Entry; Or
- A Law Enforcement Officer Who Possesses Or Controls The Firearm While The Officer Is Engaged In Official Duties.
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Our knowledgeable Maryland gun lawyer is available to assist you and provide you the unique, personalized attention to your case and to your future. Our goal is to ensure that you continue your life as planned and with as little headache as possible.
Hire A Maryland Homicide Attorney
The above article provides an overview of Maryland’s weapon and gun laws, focusing on Title 4 of the Maryland Code and Court Rules. It also explores the impact of sentencing guidelines on the penalties a defendant can receive in weapon and gun cases. It is not legal advice. It is critical to consult an attorney if you have been arrested.
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Ellicott City, MD 21043
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Suite 600
Washington, DC 20036
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Email
JDJames@JDJamesAssociates.com
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Phone
844-455-2637
Fax
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