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Frederick Gun Lawyer

Committing any crime with a gun is a serious felony.  Considering the penalties that await those convicted of any of these offenses, those who are accused of violating Maryland gun laws may find a tremendous benefit in retaining a seasoned Frederick gun lawyer.

When it comes to handgun possession, Maryland’s laws are some of the strictest in the U.S.  There are very harsh penalties for those who illegally possess a handgun in Frederick. Under many circumstances, it is also illegal to transport a handgun in a motor vehicle without a carry permit. Most people who are charged with a gun violation in Maryland are arrested with an unregistered or unlawfully purchased firearm.

Frederick Gun Lawyers Handle These Cases

Maryland handgun owners are prohibited from:

  • Carrying or transporting a concealed handgun, or any “dangerous weapon,” without a permit (Section 4-101(c)). This offense is punishable by up to three years in prison and/or a fine of up to $1,000 (Section 4-101(d)).  This same sentence awaits a minor who is convicted of possession.
  • Carrying or transporting a handgun on public school property under any circumstances (Section 4-102). The penalties for this offense include from 90 days’ to three years’ incarceration and/or a fine ranging from $250 to $2,500 (Section 4-203(c)(2)(ii)).
  • Knowingly having, transporting, or wearing a handgun in your vehicle on a public Maryland road, parking lot, highway, waterway or airway (Section 4-203(a)(ii). The penalty is 30 days’ to three years’ imprisonment and/or a discretionary fine of between $250 to $2,500. There are quite a few qualifying conditions that may affect your specific charges that a Frederick gun lawyer will be able to explain to you.

If one is accused of any of the above violations and has a prior a weapons-related conviction, or for possessing a handgun in the commission of a crime, they are guilty of a misdemeanor. It is even more important for someone facing a second or third gun violation to contact a Frederick gun attorney as this type of crime is punishable by one to 10 years in prison (Section 4-203(c)(3). Subsequent convictions for possession under the same circumstances bring five to 10 years in prison (Section 4-203(c)(4)(i)(1)).

Exceptions to the above violations include licensed peace officers, corrections officers, and on-duty members of the military.  There are also certain restrictions that must be followed for a legitimate gun owner to transport a handgun:

  • Place their gun a protective box.
  • It must not be easily accessible to the driver of the vehicle, usually the trunk.
  • It must be unloaded.
  • The ammunition must be in a different location than the gun (not in the gun box).

Other Maryland Gun-Related Crimes

No one may use a gun (even one that isn’t working) in the commission of a violent crime or any felony (Section 4-204(b)).  And like most other jurisdictions, use of a firearm in the commission of a serious crime in Maryland is a separate and distinct charge.  But once convicted of the primary felony crime, the gun conviction is primarily viewed as an enhancement to that prison sentence of no less than five years added concurrently to the sentence for the underlying felony.

However, if one is convicted a second time for a “firearm present” offense, the gun-violation enhancement is consecutive.  Contacting a Frederick gun lawyer is important because this means that once the prison sentence for the primary crime is completed, time is then served for the gun violation, which could be at least a mandatory five years (Section 4-204(c)(1 &2)).

Illegal possession of a firearm at a public demonstration (which can be viewed as essentially any public gathering from a political rally to a parade) or inside a public restaurant or bar is a misdemeanor that is punishable by up to a year in jail and/or a fine up to $1,000 (Section 4-208(c)).

There are also gun charges for having an automatic weapon, a machine gun, illegal ammunition, or a bulletproof vest.  But these severe violations could also draw the attention of the federal government, especially if they are being transported or are stolen (18 U.S. Code Chapters 44 & 924).  Federal gun sentences can be much more severe than those one might receive in a Maryland state court.

Any Maryland or state gun charge can bring heavy fines and prison sentences, which is why it’s imperative that anyone who is charged with these offenses consult with an experienced Frederick gun lawyer immediately.