Gun possession is not as straightforward as people think. In the state of Maryland, you may be charged with possessing a gun you do not own. For convicted felons, those under an ERPO, or otherwise restricted from possessing a firearm, not understanding the law can lead to arrests, criminal charges, and even jail time.
Learn what possession of a firearm is under Maryland law and how to protect yourself from an unlawful situation. If you find yourself being charged with possession of a gun you do not own, contact Saller, Ernstberger, & McElroy, criminal defense lawyers in Baltimore who specialize in firearm and criminal law.
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.
Gun Possession of a Firearm You Do Not Own in Maryland
To be charged with possession of a firearm in Maryland, it is more than your name being associated with the gun. Regardless of who legally owns the gun, there are situations where you can be charged with possession for being in the vicinity of the firearm. Know the law and protect yourself. These are the most common causes of gun possession for a firearm you do not own.
Carrying Someone Else’s Handgun
If someone else’s handgun is on your person, you can be charged with gun possession in Maryland. It does not matter if the firearm is a friend’s, partner’s, or relative’s – if it is on your person or being transported in your vehicle, it is in your possession and considered illegal if you do not have the legal authorization to wear, carry, or transport firearms in the state of Maryland.
Common Occurrence: You borrow or are holding a friend or relative’s handgun in the waistband of your jeans, pocket of a jacket, or in a handbag or backpack.
You are in a Vehicle with a Firearm
Regardless of whose vehicle, who is driving, or who legally owns the firearm, being in the same vehicle as a firearm can lead to firearm possession charges in Maryland under certain circumstances. Under the law, you are seen as having access to or being in reach of a gun, which qualifies as possession and can lead to criminal charges.
Common Occurrence: A handgun is in the glovebox, and you are riding as a passenger or driving the vehicle on a public road and are pulled over for a safety stop or traffic violation. The handgun is within reach of your possession.
A Firearm is in a Shared Home
If found with a firearm in a home you share with someone else, an investigation may follow to determine whose firearm it is and if you are found to be in illegal possession of a gun. Always consult with a lawyer if you are not to possess a firearm but someone you live with – partner, family member, roommate – has legal authorization.
Common Occurrence: A handgun in a shared home is found in a shared room, common area, or accessible storage space. While this does not automatically establish possession, an investigation may be started to determine knowledge of the firearm and ability to access it.
Possessing a Stolen Firearm
Possessing a firearm that was stolen or otherwise illegally obtained can lead to criminal charges based on the evidence at hand. Never accept a firearm without understanding who it is legally registered to and how it was acquired.
Common Occurrence: An acquaintance offers a handgun to hold or store and is later under investigation for knowledge of how the firearm was obtained.
What Happens Next After a Possession Charge
Police will conduct an investigation into the details of the possession, looking at knowledge of the firearm, the vicinity of the firearm, criminal history, and other circumstantial details. Although you can be charged with possessing a gun you do not own, the details around the situation will be considered before charges are made. Always consult with a lawyer, no matter how obvious the situation may seem to you – it is not worth the risk of being charged with gun possession and having a lifelong criminal history.
Police and Your Lawyer Will Consider and Investigate:
- Legal Ownership: Who owns the gun and/or who is it registered to
- Knowledge: Were you aware the firearm was present
- Control: Did you have the ability or the intent to take control of the gun
- Location: Was the gun found on your person, in your vehicle, in a vehicle you were riding in, or within a home or shared space
- Legal Eligibility: Were you under the legal right to possess that firearm
- Circumstance: Was the firearm being transported, carried, stored, or possessed in violation of a law or involved in other criminal activity
What To Do if Charged with Possession of a Gun You Do Not Own
Never assume that you cannot be charged with possession of a firearm just because the firearm is not registered to you. A firearm on your person, in your vicinity, or arguably under your control can lead to an arrest, investigation, and possible charges. If faced with gun possession charges for a gun you do not own, contact Saller Law defense attorneys immediately for representation.
An experienced lawyer will look at the circumstances, history, and intent to argue your case. Avoiding gun possession charges is critical to prevent a criminal history and all of its restrictions. While the situation may seem harmless to you, a misunderstanding with a firearm carries serious consequences.
Contact us today to discuss your case and get expert consultation on what happens next.
Frequently Asked Questions
Can you get arrested for having someone else’s gun in your car in Maryland?
In some circumstances, yes. Maryland has strict firearm transportation laws, and if the weapon is found in your vehicle or a vehicle you control, you may be found responsible. A lawyer can assist by investigating who knew about the gun, where it was located, and whether there was legal authorization to transport the firearm by anyone else who was present.
Can you be charged with gun possession if a gun is found in your house but it belongs to someone else?
Yes, in some situations, a firearm in a shared home can be considered illegal gun possession. The charges rely on whether you knowingly possessed or controlled the firearm, who had access, and other circumstances around the investigation. You are not immediately considered in possession of a firearm if someone else in the shared home has the legal right to possess a gun.
Can you get in trouble for holding a friend’s gun in Maryland?
Yes. Temporarily holding another person’s firearm can potentially lead to criminal charges, depending on the type of firearm, where the incident occurs, how it is handled, and whether the person is legally allowed to possess it. The owner’s possession does not automatically make carrying a handgun lawful under Maryland law.
Can multiple people be charged with possessing the same gun in Maryland?
Yes. More than one person can potentially face firearm possession charges in Maryland if the evidence supports the claim that each person knowingly exercised control over the same firearm. For example, investigators may examine whether multiple occupants of a vehicle or home had access to and control over a gun.
