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Possession of a Firearm by a Felon in Maryland

The ability to possess a firearm depends on if the person has been charged with a crime of violence previously, and there are certain exceptions. If a person is a convicted felon, the individual falls under some, if not most, of those categories. As far as a person’s criminal history, any criminal conviction with regards to a felony offense prohibits the person from ever owning or possessing a firearm.

If you have been convicted of a felony and you need a better understanding of how gun laws apply to you, contacting a distinguished gun possession lawyer can give you clarification. A Maryland gun lawyer can explain the details of your case as it pertains to possession of a firearm by a felon in Maryland.

The most common examples of felonies in the State of Maryland are murder, robbery, first-degree assault, and sexual assault. If a person has been convicted of fraud or drug possession with intent to distribute, those felonies can be disqualifiers as well.

Penalties and Enhancements

The penalties for unlawful transportation of a firearm by a convicted felon are the same. The transportation or the wear and carry are grouped together. If it is found to be on someone or on their vehicle and they do not have the right to have it, they face those penalties.

With regards to penalty enhancements, it is two-fold. If a person has a prior offense related to a gun and it is a secondary offense or a third offense, the mandatory minimums go up as well as the maximums, capping up as high as 10 years for just simply carrying it.

For the unlawful possession of the actual firearm, if the firearm itself is an unlawful firearm, a person may be looking at three years in prison for any illegal firearm. As the unlawful possession of a firearm by a felon in Maryland, depending on what their background is and depending on if this is related to a current crime, then, of course, they may face penalties inclusive of not just the actual felony or alleged felony committed here but any disqualifiers that come in.

Mandatory Minimum Penalty

Possession of a firearm by a felon in Maryland disqualifies that person from owning a gun. The offense in Maryland could come with incarceration and a $10,000 fine, but it is more likely than not that they are going to charge the person with multiple offenses. The possession or the transportation is made worse because the person who possessed it is a convicted felon.

The mandatory minimum for a person found illegally possessing a firearm due to their felony status is generally a minimum of five years. An individual will be facing a minimum five years due to the public safety laws for illegally possessing a regulated firearm after having been convicted of a crime of violence or select drug crimes. If it is a disqualifying crime where the penalty does not impose more than two years, then the bottom is two. A lawyer can research this and provide more information to clients.