Unlawful Possession of a Firearm in Maryland
Saller Law is Maryland's #1 Firearm Defense Firm
Unlawful possession of a firearm normally brings to mind images of purchasing a gun illegally, from an unauthorized dealer or without the proper licensing. However, unlawful possession of a firearm in Maryland can also mean carrying a firearm in prohibited places, stowing a gun improperly in your vehicle, or concealing a firearm with an out-of-state concealed carry permit, not a Maryland permit. Some individuals in Maryland are also prohibited from owning a firearm, based on age, past criminal history, or medical issues.
If you are not aware of Maryland’s strict laws on gun ownership, you may find yourself facing criminal charges for unlawful possession in Maryland. These charges can carry fines, restrictions, and even jail time. Without the right lawyer on your side, you may be facing an uphill battle that bears consequences you carry with you for years.
Saller, Ernstberger, & McElroy is one of the top firearm defense firms in Maryland. Andrew Saller is more than an experienced defense attorney, he is an active member of gun’s rights communities, including co-hosting the podcast Urban Defense and being a lifetime NRA member. He contributes to the Urban Defense Educational Organization and is an executive member of Maryland Shall Issue.
Don’t risk your freedom and your rights. Contact Saller Law today for a consult on your firearms defense case. We have the experience and proven strategies to come to your defense and protect your rights.
Don't Wait! Contact Us for a Consult on Firearms Defense in Maryland for Unlawful Possession
CONTACT US FOR A CONSULTATION
Maryland Restrictions on Firearm Possession
Who Can and Cannot Possess a Firearm in Maryland
Maryland is consistently ranked in the top 10 states with the strictest gun laws in the US. This is because Maryland has tight restrictions on who can and cannot legally possess a firearm, what firearms are legally allowed within the state, and where guns may be carried, even by citizens with lawful concealed carry permits.
At a glance, you may be restricted from possessing a firearm in Maryland if:
- You are under the legal age (commonly 21 for restricted firearms and ammunition)
- You have prior convictions related to violence or drug-related offenses
- You have a history of being involuntarily committed to a mental health facility
- You are a prescribed medical cannabis user (ie, medical marijuana card)
- There is history and proof of habitual substance abuse or being a drunkard
- There is an Extreme Risk Protection Order out against you
ERPO and Unlawful Possession
Extreme Risk Protection Orders Can Remove Legal Firearms From Your Possession
If you are the recipient of an ERPO (extreme risk protection order), firearms you legally purchased and have an HQL for may become illegal to possess. This may cause you to face illegal possession charges in Maryland for firearms you previously legally acquired.
An ERPO is initiated when someone close to the recipient believes they are a danger to themselves or others and their firearms may pose a risk. In most circumstances, a temporary ERPO is granted, immediately removing firearms from the recipient’s possession. Once under review, an ERPO can last up to 1 year with a possible 6-month extension.
For recipients who work in security, firearms, or defense-related fields, ERPOs pose a risk to their livelihood and future. If all firearms are not surrendered, any ERPO recipient may be charged with illegal possession in Maryland, along with fines and possible jail time for a conviction.
As part of our firearms defense, Saller Law can help ERPO recipients act fast to defend against an ERPO being granted.
We stand up for your Second Amendment right.
CONTACT US FOR A CONSULTATION
Consequences of Unlawful Firearm Possession in Maryland
Unlawful possession in Maryland has serious consequences, including fines, minimum mandatory jail time, and lifetime restrictions on firearm possession. First-time offenders or offenders under 21 may face more lenient penalties, but repeat offenders or offenders with a history of violent crimes will face harsher consequences.
The minimum penalty is up to five years in jail and up to a $1,000 fine. However, 5 year mandatory jail time is listed under the law, with 15 years allowed as the maximum sentence. A $15,000 fine may also be imposed.
Each firearm possessed is considered its own charge, resulting in convictions with stacked jail time and fines. Those with a violent criminal history will see harsher penalties, as will recipients whose unlawful possession of a firearm led to a crime or injury to another person.
Do not risk the jail time, fines, or lifetime firearm restrictions.
Even first offenders and under-21 persons charged should contact Saller Law for firearm defense.
Unlawful possession charges do not often favor leniency, and you could be looking at life-altering consequences.
Unlawful Firearm Possession Defense Strategies in Maryland
Firearm defense attorneys at Saller Law will carefully examine your case, including evidence, testimonies, timelines, and more, to build your unique defense strategy. Every case is different, and we use expert, experienced eyes to find what will aid you in your defense. We believe in protecting your Second Amendment rights and ensuring your right to bear arms.
Common Defense Strategies for Unlawful Possession May Include
Lack of Knowledge
It is the government’s responsibility, as dictated by the Supreme Court, to prove that a person had knowledge of being in possession of an unlawful firearm. If you were unaware of the firearm in your possession, or that your status reflected you should not own a firearm, you shall not be found guilty of the offense.
Rightful Ownership
Close proximity to a firearm does not indicate ownership or intended use. Proving rightful, legal ownership of the firearm can be essential to dismissing unlawful possession charges.
Improper Search and Seizure
Law enforcement must have used legal methods to search and seize the firearms. If any rights were violated under the Fourth Amendment, the right to protect citizens from unlawful searches without a warrant, then the evidence and therefore the entire case may be dismissed.
Details and Considerations
Saller Law will carefully consider all details related to your case, like a belief the gun was legally acquired, or separate licenses for granted lawful possession. There are many avenues in which an unlawful possession charge can be argued. Allow our attorneys to examine your case and consult with you on your best defense strategy.
Contact Saller, Ernstberger & McElroy Today if You're Facing Unlawful Possession in Maryland
Do not face an unlawful possession charge alone. Inexperienced representation or self-representation may result in life-altering consequences like jail time, hefty fines, or a restriction on all firearm possession for life. There are many ways in which unlawful possession may be argued, and you want the best defense on your side.
Work with a criminal defense team that takes the Second Amendment seriously. Our experience in both criminal defense and gun rights in Maryland makes us experts at negotiating, examining, and defending your Second Amendment.
Call today to work with the best and see how our knowledge protects you
Frequently Asked Questions
What is unlawful possession of a firearm in Maryland?
In Maryland, unlawful possession of a firearm is possessing a firearm when you are legally prohibited from doing so or possessing a firearm in a way that violates state law. This can include possession by a prohibited person, carrying without proper authorization, or possessing a regulated firearm that was not lawfully obtained or registered.
Who is prohibited from possessing a firearm in Maryland?
Maryland law restricts firearm possession for certain individuals, including people with felony convictions, some misdemeanor convictions, active protective orders, certain mental health commitments, or pending disqualifying charges. Federal law may also apply in some cases, such as being a medical cannabis user.
Is it illegal to carry a handgun without a permit in Maryland?
Yes. Carrying a handgun without a valid Maryland wear and carry permit is generally illegal. Even if a person legally owns the firearm, carrying it outside the home or vehicle without proper authorization can result in criminal charges.
How does an Extreme Risk Protection Order (ERPO) affect firearm possession?
An ERPO can make firearms you previously legally purchased illegal to possess. Once issued, firearms must be surrendered immediately. If firearms are not surrendered, you may face unlawful possession charges.
What are the penalties for unlawful firearm possession in Maryland?
Penalties can include fines, mandatory jail time, and lifetime firearm restrictions. The law allows for up to five years in jail as a minimum penalty, with up to 15 years maximum, and fines that may reach $15,000. Each firearm can be charged separately, increasing penalties.
Can I be charged for unlawful possession if the firearm was not mine?
Yes. A person can be charged with unlawful possession even if they do not own the firearm. Prosecutors may allege possession based on access, control, or proximity to the weapon, depending on the facts of the case.
What defense strategies are used for unlawful possession charges in Maryland?
Common defenses include lack of knowledge of the firearm or prohibited status, proving rightful ownership, improper traffic stop, insufficient evidence of possession, or errors in how the firearm was handled by law enforcement. Every case is different, and defenses depend on the specific facts. Attorneys review all case details, evidence, and licenses to build a defense specific to the situation.
Does an unlawful possession charge affect my future gun rights?
Yes. A conviction for unlawful firearm possession can result in long-term or permanent loss of firearm rights under Maryland and federal law. Even some misdemeanor convictions can lead to future disqualification.
Should I speak to a lawyer if I am charged with unlawful firearm possession?
Yes. Firearm laws in Maryland are complex, and the consequences can be severe. Speaking with an experienced criminal defense attorney as soon as possible can help protect your rights, evaluate potential defenses, and guide you through the legal process.
Maryland Firearm Law Resources
