Firearm-related criminal offenses and gun cases are treated harshly by prosecutors and courts in Maryland. Individuals who are charged with firearm possession face severe consequences if they are convicted, including the removal of their Second Amendment right to bear arms!
If you want to keep possession of your valued firearms and your rights, then you have to prepare a strong defense against the charges. Portner & Shure, P.A. and our Bel Air gun crime lawyers are here to help. We have 25+ years of total legal experience we can use in your defense.
Call (410) 995-1515 today without delay.
Illegal Possession of a Handgun
While the United States’ Constitution guarantees the right to individual firearm ownership, Maryland State law regulates individual possession of a handgun. Qualified individuals are permitted to possess handguns, but Maryland Criminal Code 4-203 makes it a crime for an individual to “wear, carry, or transport a handgun, whether concealed or open” on their person or in a vehicle without the right license. A person who is charged with violating this law faces a potential penalty of 30 days in jail to 10 years in prison with mandatory minimum prison sentences and no chance of parole during those times. The potential penalties an individual faces depend on an individual’s prior criminal history.
Possession of A Handgun by a Prohibited Person
While Maryland Criminal Code 4-203 prohibits a qualified individual from possessing a firearm without a license, Maryland Public Safety Article 5-133 prohibits certain classes of people from possessing a firearm altogether.
People who cannot possess or own a firearm in Maryland are:
- Under 21 years of age
- Diagnosed with certain mental health disorders
- Convicted of a disqualifying offense (anything classified as a felony or any crime that carries a penalty of more than two years)
- Previously found to be “not criminally responsible” at trial for a criminal offense
- Fugitives from justice
- Subject to a protective order
A person who is charged with violating 5-133 faces a potential prison sentence of 15 years, including a 5-year mandatory minimum prison sentence that cannot be suspended and during which an individual is not eligible for parole.
Using a Gun During a Violent Crime
Maryland Criminal Code 4-204 makes it a crime to use a gun during a crime of violence. If an individual uses a gun during the commission of a violent crime, the use of the gun is an entirely separate crime with its own charges and penalties. An individual charged with using a gun during a crime of violence faces a potential penalty of 20-year in prison. Additionally, there is a 5-year mandatory minimum prison sentence during which an individual is not eligible for parole. If the defendant has a prior conviction for violating 4-204, then any sentence for a new conviction is imposed consecutively to the sentence for the underlying conviction of the crime of violence.
Portner & Shure, P.A. – 25+ Years of Legal Excellence
The American Institute of Criminal Law Attorneys of 2020 recently recognized Portner & Shure, P.A. as one of Maryland’s “10 Best Law Firms” for criminal defense cases. We are also a team that has been in the community for decades, so local lawyers, judges, and prosecutors recognize our name. In other words, we are the law firm you can trust confidently when you have been charged for a gun-related offense.
