Carroll County Gun Lawyer
Maryland has strict laws regulating guns ranging from legally carrying handguns to using one in self-defense. Rifles are not regulated as tightly as handguns, which are easily hidden from view and often used in committing crimes.
Gun violations are serious, and a Carroll County resident who is charged with a gun violation will need a skilled and experienced attorney such as a Carroll County gun lawyer who is well-versed in this area of law and has successfully handled many of these cases.
Maryland’s Laws for Transporting Guns
Transporting a firearm is restricted unless the move is to use it at a target range, on a hunting trip, or other exceptions.
When transporting a gun, it must be unloaded, separated from ammunition, and stored in a locking container that is not placed where it can be accessed by the driver. A driver transporting a gun who has been drinking or taking drugs will face compounded charges.
Firearms cannot be transported on buses, trains or other public transportation, and a person who has been convicted of a felony by law cannot own or transport a firearm and will face that charge in addition to transporting.
It is also illegal for someone from another state to transport a firearm into Maryland even if passing through. A first offense is punishable by three years in state prison and a second offense carries a prison term of 10 to 30 years. Additional time is added if the weapon was stolen. Individuals should speak with Carroll County gun lawyers for more information on the potential penalties.
Using a Gun in Self-Defense
Defending one’s self with a firearm is allowed in Maryland under certain conditions. A person acting in self-defense must have had a reasonable belief of imminent danger, serious bodily harm, or death at the hand of an assailant. The person must not have provoked an attack, and used only an amount of force that was suitable for the situation at hand.
The state’s “Castle Doctrine” allows a person to defend life and limb in his or her own home but the reasonable fear of death or harm must exist and reasonable force must be used. A person who is not at home has a legal duty to retreat from a threat unless it is not safe or possible to do so.
Defending Gun Law Violations
Defending a gun violation depends upon the actual crime charged. However, a defendant has the Fifth Amendment right to remain silent and that is beneficial at the time of arrest. Whatever is said to law enforcement becomes evidence and may be difficult to dispute.
Several general defenses are allowed that determine defense tactics and strategy used, among them:
- Illegal search and seizure — If police stop a vehicle without provocation or lacking suspicion that a crime has been or is being committed and discovers illegally transportation of a firearm, that evidence was obtained unconstitutionally. It is not allowed in evidence and the charge can be dismissed.
- Challenging state’s evidence — The defense’s job is not necessarily to prove innocence. Rather, it is to create doubt in the minds of jurors, who must find a person guilty beyond a reasonable doubt. The defense will present arguments and evidence. For example, police find a firearm in the car, but did the driver know it was there. By law the driver needs to know it was there or have constructive knowledge, meaning should have known that it was there, to earn a conviction.
Get Legal Help from a Carroll County Gun Attorney Today
Carroll County gun lawyers offer a free case evaluation for those facing a gun charge at which legal rights and court procedures can be explained. The attorney’s consultation is available by appointment. Gun charges have severe consequences. Do not wait to get a gun attorney’s free case review. Make an appointment today.