Facing gun charges in Charles County, Maryland? A firearms offense in Charles County can carry severe penalties — including mandatory minimum prison sentences, permanent loss of your gun rights, and a felony record that follows you for life. SoMD Criminal Defense provides aggressive, experienced firearms defense for individuals charged in Charles County District Court and Circuit Court.
Arrested on a gun charge? Your future is on the line. Call us now for a free, confidential consultation — we’re available 24/7. (301) 818-0389
Maryland has some of the strictest firearms laws in the country, and Charles County prosecutors enforce them aggressively. Whether you are facing charges for carrying a handgun without a permit, illegal possession of a firearm, or a federal weapons offense, the consequences of a conviction can be life-altering. An experienced gun charge attorney in Charles County knows how to challenge the State’s evidence and protect your rights.
Maryland Firearms Laws: What You Need to Know
Maryland regulates firearms more strictly than most states. The state requires a Wear and Carry Permit to carry a handgun outside your home or business, imposes restrictions on who can purchase and possess firearms, and bans certain weapons and accessories outright. Understanding these laws is critical if you have been charged with a gun crime in Charles County.
Under Maryland law, it is illegal to carry a handgun — either concealed or openly — without a valid Wear and Carry Permit. It is also illegal to possess a firearm if you have been convicted of a felony or certain disqualifying misdemeanors, if you are under a protective order, or if you have been involuntarily committed. Maryland also prohibits the possession of certain regulated firearms without completing the required application and background check process. For a detailed overview of how these statutes work, see our guide to understanding gun charges in Maryland.
Handgun Permit Violations in Charles County
One of the most common firearms charges in Charles County is carrying a handgun without a permit. Despite the Supreme Court’s decision in Bruen, which expanded Second Amendment protections for carrying firearms in public, Maryland still requires a Wear and Carry Permit — and Charles County law enforcement actively enforces this requirement.
Carrying a handgun without a permit is a criminal offense that can result in a prison sentence of 30 days to three years for a first offense. If you are caught carrying a firearm on your person or in your vehicle without a valid permit, you need an experienced firearms lawyer in Waldorf, MD, who understands the evolving constitutional landscape and can mount an effective defense.
Felon in Possession of a Firearm
Maryland law prohibits anyone convicted of a felony or a disqualifying crime of violence from possessing a firearm. A felon in possession charge carries a maximum penalty of five years in prison for a first offense, with enhanced penalties for repeat offenders — including mandatory minimum sentences of five years without the possibility of parole for individuals with prior convictions for crimes of violence or certain drug offenses.
These cases often involve complex legal questions about whether the underlying conviction actually qualifies as a disqualifying offense, whether the defendant knew about the firearm, and whether the search that uncovered the weapon was constitutional. Our defense attorneys scrutinize every element of the State’s case to identify viable defenses.
Carrying Without a Permit
Beyond the handgun permit violations discussed above, Charles County prosecutors also charge individuals for carrying other types of weapons illegally. This includes carrying a concealed dangerous weapon, possessing a firearm in a prohibited area such as a school zone or government building, and transporting a loaded handgun in a vehicle without a permit.
The penalties for these offenses vary, but all carry the potential for jail time and a criminal record. Many carrying charges arise from traffic stops in Waldorf and along Route 301, where law enforcement frequently encounters firearms during vehicle searches. If you were charged after a traffic stop, there may be strong Fourth Amendment arguments to suppress the evidence.
Illegal Possession Charges
Maryland law restricts firearm possession for several categories of people beyond convicted felons. You may face illegal possession charges if you are under 21 and possess a regulated firearm, are subject to a domestic violence protective order, have been convicted of a misdemeanor crime of violence, have been involuntarily committed to a mental health facility, or are an unlawful user of a controlled substance.
An unregistered firearm charge in Maryland can also result from possessing a regulated firearm that was never properly registered through the state’s application process. These cases often involve individuals who legally purchased a firearm in another state and did not realize Maryland required a separate registration process.
Ghost Gun Charges in Charles County
Maryland has cracked down hard on ghost guns — privately manufactured, unserialized firearms that cannot be traced by law enforcement. Under current Maryland law, it is illegal to manufacture, sell, or possess a firearm that does not have a serial number. Ghost gun charges carry serious penalties and are prosecuted aggressively in Charles County.
If you are facing charges related to a ghost gun, whether it was a completed firearm or an unfinished frame or receiver, you need a defense attorney who understands the specific statutes and the technical arguments that can be raised in these cases.
Switch and Auto-Sear Charges
One of the most aggressively prosecuted firearms offenses in Maryland — and one that carries some of the most severe penalties — involves switches and auto-sears. A switch, also called a Glock switch or auto-sear, is a device that converts a semi-automatic firearm into a fully automatic weapon. Possession of a switch or auto-sear is a federal crime that can result in up to 10 years in federal prison, even if the device was never installed on a firearm.
Maryland state law also prohibits the possession of machine guns and automatic weapons. If you have been charged with possessing a switch or auto-sear in Charles County, you may be facing both state and federal prosecution. These cases require immediate, experienced legal representation.
Stolen Firearms
Being found in possession of a stolen firearm creates serious legal problems in Charles County, even if you did not know the gun was stolen. Prosecutors may charge you with possession of a stolen firearm, illegal possession, and potentially other offenses depending on the circumstances. If the firearm was used in a crime, you could face additional charges.
The defense in stolen firearm cases often centers on knowledge — specifically, whether the defendant knew or had reason to know that the firearm was stolen. Our attorneys investigate the chain of possession and work to establish that our client had no knowledge of the firearm’s stolen status.
Consequences of a Gun Conviction in Charles County
The consequences of a firearms conviction in Maryland are among the most severe in the criminal justice system. Charles County judges and prosecutors take gun cases extremely seriously, and the penalties reflect that.
Mandatory minimum sentences apply to many firearms offenses in Maryland. A conviction for possessing a firearm during and in relation to a drug trafficking crime carries a mandatory minimum of five years. Repeat offenders with prior violent crime convictions face mandatory minimums of five, ten, or even fifteen years without the possibility of parole. These mandatory minimums severely limit a judge’s discretion at sentencing and make it critical to fight the charges before a conviction occurs.
Loss of gun rights is another significant consequence. A felony conviction permanently strips you of your right to possess firearms under both federal and Maryland law. Even certain misdemeanor convictions — including domestic violence offenses — can result in the loss of your Second Amendment rights. Once your gun rights are revoked, the only way to restore them is through a legal process that can be complex and uncertain.
Beyond prison time and loss of gun rights, a firearms conviction can result in difficulty finding employment, loss of professional licenses, immigration consequences for non-citizens, and a permanent criminal record that cannot be easily expunged.
How We Defend Gun Cases in Charles County
Every gun case is different, but our defense approach is consistent: we examine every piece of evidence, challenge every constitutional violation, and fight for the best possible outcome. Our defense strategies include:
- Fourth Amendment challenges — Was the search that uncovered the firearm constitutional? Did officers have a valid warrant, or did a recognized exception to the warrant requirement apply? If the search was illegal, the firearm and all related evidence can be suppressed.
- Challenging constructive possession — Was the firearm actually yours, or were you simply near it? The State must prove that you knowingly exercised control over the weapon. Proximity alone is not enough.
- Questioning the evidence — Was the firearm properly tested and confirmed to be functional? Were ballistics tests conducted correctly? Was the chain of custody maintained from seizure to trial?
- Constitutional defenses — In the wake of the Bruen decision, there are new and evolving arguments that certain Maryland firearms laws may be unconstitutional. We stay current with Second Amendment litigation and raise these arguments when applicable.
- Negotiation and plea alternatives — When the evidence is strong, we negotiate aggressively with the Charles County State’s Attorney’s Office to reduce charges, avoid mandatory minimums, and seek alternatives to incarceration when possible.
Restoring Your Gun Rights After a Conviction
If you have already been convicted of a disqualifying offense and lost your right to possess firearms, there may be options for restoring your Second Amendment rights. Maryland law provides a process for seeking a pardon from the Governor, which can restore firearm rights in some cases. Expungement of the underlying conviction, where eligible, can also restore your rights.
The process for restoring gun rights is complex and varies depending on the nature of the conviction, whether it was a state or federal offense, and how much time has passed. Our attorneys can evaluate your situation and advise you on the best path forward for getting your rights back.
Gun charges are not limited to Charles County. If you are facing firearms or criminal charges in Calvert County, St. Mary’s County, or Prince George’s County, SoMD Criminal Defense can represent you in those jurisdictions as well.
Contact a Charles County Gun Charges Lawyer Today
If you have been charged with a firearms offense in Charles County, the stakes could not be higher. Mandatory minimum sentences, loss of gun rights, and a permanent felony record are all on the table. You need a gun charges lawyer in Charles County, Maryland, who will fight aggressively to protect your freedom and your future. Call SoMD Criminal Defense at (301) 818-0389 or contact us online for a free consultation.
Frequently Asked Questions
What are the penalties for carrying a handgun without a permit in Maryland?
Carrying a handgun without a valid wear and carry permit in Maryland is a misdemeanor for a first offense, punishable by up to 3 years in prison and a $2,500 fine. A second or subsequent offense is a felony carrying up to 10 years in prison. Maryland requires a permit to carry a handgun outside of your home or business.
Can a felon own a gun in Maryland?
No. Under both Maryland and federal law, anyone convicted of a felony or a crime of violence is prohibited from possessing firearms or ammunition. Violating this prohibition is a separate felony offense carrying up to 5 years in prison for the first offense and up to 10 years for subsequent offenses. In some cases, firearm rights can be restored through expungement or a governor’s pardon.
Are ghost guns illegal in Maryland?
Yes. As of 2022, Maryland law requires all firearms to have a serial number. Possessing, selling, or manufacturing an unfinished frame or receiver without a serial number (commonly known as a ghost gun) is illegal. Violations can result in felony charges with significant prison time.
What should I do if I am arrested on gun charges in Charles County?
Do not make any statements to police without an attorney present. Invoke your right to remain silent and your right to counsel. Contact a gun charges defense lawyer immediately. Gun charges in Charles County are prosecuted aggressively, and early involvement of an attorney can make a significant difference in the outcome of your case.
