Unlawful Possession of a Firearm and Ammunition in Maryland
In Maryland, illegal possession of a firearm, including ammunition, is a serious criminal offense governed by strict laws. Illegal possession of a firearm occurs when an individual possesses a firearm or ammunition without the required permits or if they fall under prohibited categories, such as prior felony convictions or certain mental health conditions. Maryland has strict gun laws with significant penalties for violations. Understanding these statutes is crucial for anyone facing charges related to firearms. Legal counsel is essential for navigating these laws and developing an effective defense strategy.
Maryland Gun Crime Statutes and Possible Penalties
List of key gun crime statutes in Maryland along with their associated penalties:
Illegal Possession of a Firearm:
MD Criminal Law § 5-133
Penalties:
– Misdemeanor: Up to 3 years in prison and/or fines up to $5,000.
– Felony (for repeat offenders): Up to 5 years in prison.
Possession of a Firearm After Conviction of a Felony:
MD Criminal Law § 5-133(b)
Penalties:
– Mandatory minimum of 5 years in prison, with no parole eligibility.
Carrying a Handgun on Person:
MD Criminal Law § 4-203
Penalties:
– Misdemeanor: Up to 3 years in prison and/or fines up to $1,000.
Using a Firearm in Commission of a Crime:
MD Criminal Law § 4-204
Penalties:
– Mandatory minimum of 5 years, consecutive to the sentence for the underlying crime.
Possession of an Assault Weapon:
MD Criminal Law § 5-101
Penalties:
– Misdemeanor: Up to 3 years in prison and/or fines up to $5,000.
Straw Purchases:
MD Criminal Law § 5-134
Penalties:
– Felony: Up to 10 years in prison and/or fines.
Transfer of a Firearm Without a Background Check:
MD Criminal Law § 5-145
Penalties:
– Misdemeanor: Up to 1 year in prison and/or fines up to $1,000.
Unlawful Discharge of a Firearm:
MD Criminal Law § 4-102
Penalties:
– Misdemeanor: Up to 3 years in prison and/or fines.
Possession of Ammunition by Prohibited Persons:
MD Criminal Law § 5-134.1
Penalties:
– Misdemeanor: Up to 3 years in prison and/or fines up to $5,000.
Prohibited Persons:
– Individuals who are generally prohibited from possessing firearms include:
– Those convicted of felonies.
– Individuals with certain misdemeanor convictions (e.g., violent crimes).
– Individuals deemed mentally incompetent or who have been involuntarily committed.
– Minors under 18 years of age.
Ammunition Laws:
– Similar to firearms, the possession of ammunition is regulated. It is illegal for prohibited persons to possess ammunition. Additionally, Maryland law restricts the sale and transfer of certain types of ammunition.
Common Defenses
1. Lack of Knowledge:
– Arguing that the defendant was unaware of the presence of the firearm or ammunition can be a viable defense. Mental capacity and intent also lends to a lack of knowledge argument.
2. Legal Ownership:
– Demonstrating that the firearm was legally owned by another person and that the defendant had permission to possess it.
3. Improper Search and Seizure:
– Challenging the legality of the police search that led to the discovery of the firearm or ammunition. If the search violated the defendant’s constitutional rights, the evidence may be excluded.
4. Mistaken Identity:
– Claiming that the defendant was misidentified as the person in possession of the firearm.
5. Lack of Jurisdiction:
– Arguing that the alleged offense did not occur within Maryland jurisdiction can be a defense if applicable.
Illegal possession of a firearm and ammunition in Maryland is a serious offense with significant legal repercussions. Understanding the laws and potential defenses is crucial for anyone facing such charges. Consulting with an experienced attorney is essential to navigate the complexities of the legal system and to develop an effective defense strategy.