Constitutional Issues in Maryland Gun Defenses

The Second Amendment says a person has the right to bear arms. However, there are certain firearms a person is not allowed to have such as things that are deemed illegal like military-grade weaponry. The Second Amendment as people want to believe it is overly broad. Does the right to bear arms mean all arms? Does it mean a person can obtain rocket launchers as quickly as they can get a handgun? The Second Amendment is meant to be a breathing article and there are certain things that a person should or should not have.

One question about the Second Amendment is that people have driver’s licenses and are legal to drive in any of the states. If someone gets a gun license and a carry concealed permit to lawfully possess a gun in the state of Pennsylvania and drive through the state of Maryland, they may not know that they cannot store a gun in the same way. If they are stopped and a gun is found on their person, should they be charged as if they are someone who is lawfully carrying it? The question to the Second Amendment is its application there, not that everyone is not overly qualified to bear arms.

When you are dealing with a constitutional issue in Maryland, contact a skilled Maryland gun lawyer to help you understand the issues and your defense.

Functional Definition of a Gun

If a person has a gun that is unassembled and is in pieces, is that still a gun? The answer can change from jurisdiction to jurisdiction. In one case, the gun was found to completely inoperable and was dismissed. In another case, the gun was inoperable and the prosecutor still chose to go forward because the firearm is a firearm. Logic should win out but does not always. Each jurisdiction is required to test a gun. They cannot just take for granted that it is, in fact, a gun.

Constitutional Issues

Constitutional issues can involve illegal searches and seizures, the Fourth Amendment and how it applies, and the vehicle itself. Vehicles are tough to argue with because inherently, they fit under that exigent circumstance because they can easily be moved and evidence can easily be discarded. Does the law enforcement officer have an immediate right to search the vehicle? What, if anything, was done by the officer? How did they conduct the search? Are they using the odor of marijuana or alcohol as part of their search of the vehicle? What, if anything, did they find? Did the person give consent to the search? Was the person properly advised after spending some time on the side of the road and the officer asks them questions? Does Miranda apply? These are all important questions which is why each scenario must be broken down systematically and addressed step-by-step.

Important Things

A criminal lawyer should have experience in that particular jurisdiction. There are variants from one jurisdiction to another and one county to another county. Certain counties work differently than others.

There are things the Supreme Court agrees that people should not be able to do and they are disqualifies. The question is when someone lawfully holds a permit, are they still subject to the same penalty? If a person has a carry concealed permit; then a person is allowed to carry or lawfully have it on their person. Perhaps a restriction can be placed on where the person can carry a gun but they should get full faith and credit for the fact that they own it.