Being charged with illegal gun possession in Maryland can have serious, sometimes life-altering consequences. There may be a minimum requirement of 30 days in jail, up to 5 years in jail, and fines that may exceed thousands of dollars. The successful charge of illegal gun possession in Maryland can even prohibit future gun ownership and affect jobs and other forms of livelihood.
It’s important to know what illegal gun possession is in Maryland and how to stay compliant with your gun ownership. Illegal gun possession can happen with an HQL but no carry permit, having a gun in prohibited places, transporting a firearm incorrectly, or being unaware that you no longer qualify for legal gun ownership.
Learn what happens if you’re charged with illegal gun possession and how a Maryland firearms attorney can help. Saller Law has years of experience as a criminal defense firm and employs some of the best firearms defense lawyers in the state who will fight for your rights under the Second Amendment.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
What Is Illegal Gun Possession in Maryland
Illegal gun possession in Maryland is having a firearm on your person, in your vehicle, or within reach that you are not legally permitted to have. Illegal gun possession in Maryland may be due to intentional criminal activity or may occur due to ignorance of the law.
Because of Maryland’s strict gun laws, there are many circumstances in which a person can be charged with illegal gun possession. This can happen with both Maryland residents and out-of-state residents who are traveling through Maryland.
Always be aware of what constitutes illegal gun possession in Maryland or what could cause you to be charged with illegal gun possession in Maryland:
- Carrying a firearm on your person without a Maryland wear and carry permit
- Owning or possessing a firearm without an HQL
- Transporting a firearm illegally
- Possessing a firearm on your person or in your car in a prohibited location
- Owning or possessing an illegal or banned weapon
- Illegally modifying a weapon or having a high-capacity magazine
- Inheriting an illegal weapon
- Under the legal age of 21
- Under an Extreme Risk Protection Order
- Denied legal gun ownership due to cannabis use, being a habitual drunkard, or having disqualifying mental illnesses
Common Reasons People Are Charged with Illegal Gun Possession
Most illegal gun possession charges happen because of an unrelated legal incident. All gun owners or those in possession of a firearm should always be aware of the current gun laws and what is and is not permitted for legal gun ownership.
You may find yourself facing illegal gun possession charges due to:
- Traffic stops
- Search warrants
- Domestic disputes
- Drug charges
- Trespassing
- Shoplifting
- Felony conviction
- Under a protective or peace order or ERPO
- Traveling from out-of-state without a Maryland WCHP
- Firearm is in vehicle in a prohibited location (school, state park, etc.)
Penalties for Illegal Gun Possession
After being charged with illegal gun possession in Maryland, you will await your hearing with a judge, where you may face heavy fines, jail time, or years in prison. The penalty for illegal gun possession can vary based on previous criminal history, intent, and other factors.
It is advised to seek counsel from an experienced firearms attorney ASAP after you are charged with illegal gun possession in Maryland. A lawyer from Saller Law can speak with you about the details of your case to advise on how to move forward and your most favorable outcome.
You May Face:
- A minimum 30 days in jail
- A minimum $250 fine
- Up to 5 years in prison
- Fines up $2,500
- Repeat offenses carry up to 15 years in prison
- Up to $25,000 in fines for felony offenses
- Loss of all firearms rights in Maryland and/or Federally
What Affects Illegal Gun Possession Verdicts:
- First offense vs repeat offense
- Possession on school property
- Convicted felon
- Under the age of 21
- Assault with a deadly weapon
- Intent
While many of these carry minimum jail times and minimum fines, an experienced firearms defense lawyer can assist. Always contact an attorney ASAP to discuss your case, past criminal history, or any ignorance of the law. Do not wait or you could face severe penalties and a criminal record.
Defense Strategies for Illegal Gun Possession Charges
An experienced firearms defense attorney can discuss your case and your options. In many circumstances, there is a defensive strategy to help dismiss or lower the charges and final verdict. Each defensive strategy depends on the individual, which may be affected by criminal history, intent, severity of the crime, and other factors.
At Saller Law, We May Discuss:
- Illegal Search and Seizure, such as traffic stops or lack of a warrant
- Lack of Possession, such as shared property
- Lack of Knowledge, in the case of ownership disputes or being unaware of the firearm
- Police Misconduct, including the handling of evidence
Building a Case Involves:
- Thorough examination of the timeline
- Details of reports and evidence
- Court representation and legal defense
- State and federal defense to protect Second Amendment rights
Contact Saller Law Firearms Defense Lawyers in Maryland for Early Representation
Do not wait for your case to move forward to seek representation. Early representation in a firearms defense case can protect your constitutional rights, protect your job, challenge evidence quickly, reduce charges, and help build a strong defense.
Our criminal attorneys are experienced with criminal defense and firearms law in Maryland. Based in Baltimore, MD, we help clients throughout Maryland and Baltimore City protect their rights against illegal gun possession charges.
We are experienced with all manners of firearms defense and can offer a consult ASAP on your case. Get the most experience from our attorneys, where firearms law isn’t just something we do, it’s something we are passionate about.
Frequently Asked Questions
Can I go to jail if it’s my first offense of illegal gun possession?
Yes, you may face jail time for illegal gun possession, even if it is your first offense. Many clients are concerned about jail time, especially if they are under 21, and Maryland law does have a mandatory jail time of 30 days. However, the right defense can protect against jail time. Call today to discuss your options.
Can gun charges be expunged?
In some situations, yes, a gun charge may be expunged. Maryland expungement laws depend on whether the charge was found guilty, what the consequences were, and when the incident happened. Saller Law can assist with expungement options or regaining access to your gun rights.
Can I be charged if the gun was not actually on my person?
Yes, possession of an illegal firearm includes a firearm in your vehicle, within reach, or on property under your name, including shared property. In Maryland, this may be called “constructive possession,” in which you had control over or access to the firearm even if it was not physically on you.
What should I do if the police question me about a firearm?
You should remain calm, avoid making statements that could be used against you, and exercise your right to speak with an attorney. Anything said to law enforcement during an investigation may later be introduced as evidence in court. Always ask for a warrant before searching your property.
What if I have a carry permit in my state of residence?
Maryland does not recognize concealed carry permits from other states. Even if you legally carry a firearm elsewhere, you can face criminal charges if you possess or transport a firearm without the proper Maryland permits.
