What Are the Penalties for Illegal Firearm Possession in MD?

While facing allegations of illegal firearm possession can be an overwhelming ordeal. It is important to know the penalties for illegally possessing a gun and how to defend yourself.

Maryland has some of the toughest gun laws in the country. If you are charged with a gun-related offense in the state, you could face serious consequences. The penalties could be more severe based on your prior criminal history, where the crime was committed, and the type of firearm involved. If you are arrested for a weapons charge, whether it is a misdemeanor or felony, you could be hit with substantial fines and lengthy imprisonment. It is crucial that you seek legal representation from a knowledgeable Maryland defense attorney as soon as possible.

Call Rice, Murtha & Psoras today at (410) 694-7291 for a free review of your case with our Marland criminal defense attorneys.

What Penalties Can I Face for Illegal Firearm Possession in Maryland?

The penalty for gun-related offenses in Maryland varies depending on the charge and can range anywhere from 30 days to three years in jail. Without the help of our Maryland illegal firearm possession defense attorneys, you could face the full consequences the state can bring. The severity of the penalty depends on the specific offense and how it is charged.

Illegal Firearm Possession Penalties

There is no minimum fine for gun-related offenses, as judges have the discretion to determine appropriate fines. However, penalties for gun-related offenses are generally harsher and are determined by the judge. For instance, carrying an unlawful handgun for the first time carries a maximum sentence of three years in prison. A second offense can result in up to 10 years in prison, with the penalty continuing to increase with subsequent offenses.

If the first offense takes place on school property, the mandatory minimum penalty increases from 30 days to 90 days. However, if the offense takes place off school property, the offender may be eligible for probation before judgment, for which there is no minimum penalty. A second offense with a prior weapon offense carries a minimum penalty of three years in prison.

It is crucial for individuals to understand the weight and severity of the penalties, how judges treat them, and how the state presents them. The maximum penalty for some of the most severe gun-related offenses in Maryland carries a 20-year prison sentence.

Special Sentencing Considerations

The penalties for firearms offenses in Maryland depend on various factors. Authorities take into account whether the offense was violent or just simple possession. They also consider if the gun was discharged, displayed, or used in any way or if it was just in possession of the offender. Other factors that may influence the penalty include any associated criminal activities and the type of firearm that was involved.

It is illegal for convicted felons to possess any type of firearm, even if the firearm would otherwise be legal. Possession of a firearm by a convicted felon is a criminal act in itself. If the firearm was illegally modified, the sentence may be increased, and the defendant may face additional penalties or an extended sentence.

Is Illegal Firearm Possession Charges Affected by Location in Maryland?

The purpose of school zones is to ensure that schools, including literary schools and campuses, remain gun-free areas. School zones do not only apply to elementary, middle, and high schools but also extend to all major schools. Over the past few years, Maryland has made several attempts to expand these areas so that only law enforcement agents are permitted to carry guns in those locations. When an individual is caught carrying a gun in these zones, the minimum 30-day penalty is immediately tripled to 90 days.

Additionally, depending on the county, there may be further gun-related penalties that are common and could even result in disqualification from owning a firearm in the future. For instance, Prince George’s County requires individuals with a gun conviction or probation before judgment to register with their gun registry.

What is a Gun-Free Zone in Maryland?

Gun-free zones are locations where individuals are prohibited from carrying firearms, even if they possess a permit for carry and concealment. Examples of such areas include school premises and public spaces where demonstrations are held within a thousand feet of legislative buildings, aircraft, air commerce services, or other sensitive locations.

Additionally, public areas like Chesapeake Forest Lands, state forests, state parks, state highways, adult rehabilitation centers, and childcare centers are generally gun-free zones, with only a few exceptions. Lodging establishments can also be designated as gun-free zones if the innkeeper has reason to believe that a guest possesses dangerous items such as firearms or explosives. There are about 13 types of locations that are deemed gun-free zones by law.

Use of weapons in a gun-free zone, particularly in a school zone, or the possession of a weapon on school grounds is punishable by up to five years in prison.

How Our Maryland Defense Lawyers Can Defend Your Case

When facing criminal charges, it can be difficult to know how to proceed. In these situations, a lawyer can provide important guidance and support. A skilled attorney can analyze the state’s case against the accused, identify the strengths and weaknesses of the case, and provide counsel on the most effective strategy to achieve the individual’s goals. This could involve seeking a dismissal of the charges, which the lawyer can assess the feasibility of and determine the best way to achieve.

While an accused person may have an idea of the possible outcomes, an attorney can investigate the case and help prepare a defense. They know what defenses are available and can assist investigators in developing the strongest possible defense. If the accused is considering accepting a plea offer from the state, the attorney can help negotiate the most favorable plea agreement possible.

The prosecutor must prove the specifics of the crime beyond a reasonable doubt, element by element. For example, it is important to distinguish between possession of a handgun on a person versus possession of a handgun in a vehicle. Similarly, it is crucial to establish whether a firearm was used in the commission of a crime or was simply present. In cases where a firearm was reasonably close to the accused but not physically on them, it cannot be charged as possession.

A skilled gun attorney can raise these and other important questions and use all the facts of the case to build a strong defense. We can also help mitigate the penalties that the accused may face under the Maryland gun laws.

Our Maryland Illegal Firearm Possession Defense Attorneys Can Help

For a free case evaluation with our Baltimore criminal defense lawyers, contact Rice, Murtha & Psoras at (410) 694-7291.