If you are facing gun charges in Southern Maryland, you need a gun crime lawyer who understands Maryland’s complex firearms laws and has experience defending clients in Charles County, St. Mary’s County, and Calvert County courts. At SoMD Criminal Defense, we represent individuals charged with illegal firearm possession, carrying without a permit, gun-related felonies, and other weapons offenses. Maryland has some of the strictest gun laws in the country, and a conviction can mean mandatory prison time, loss of your Second Amendment rights, and a permanent criminal record.
Maryland Gun Charges We Defend
Our gun charge lawyers handle the full range of firearms-related criminal cases in Maryland. Whether you are facing a misdemeanor weapons charge or a serious felony involving a firearm, we have the experience and legal knowledge to build an aggressive defense on your behalf.
Illegal Possession of a Firearm
Maryland law prohibits certain individuals from possessing firearms, including convicted felons, individuals with domestic violence convictions, people subject to protective orders, and individuals who have been involuntarily committed. Under Maryland Criminal Law Section 4-203, possessing a regulated firearm after being convicted of a disqualifying offense is a felony carrying up to 5 years in prison for a first offense and up to 10 years for a second offense.
Carrying a Handgun Without a Permit
Maryland requires a valid Wear and Carry Permit to carry a handgun on or about your person. Carrying a handgun without a permit is a serious criminal offense under Maryland Criminal Law Section 4-203. A first offense carries up to 3 years in prison and a fine of up to $2,500. Subsequent offenses carry higher mandatory minimum sentences. Understanding Maryland’s open carry and concealed carry laws is essential for anyone who owns firearms in the state.
Possession of a Firearm During a Crime
Using or possessing a firearm during the commission of a felony or crime of violence carries a mandatory minimum sentence of 5 years in prison under Maryland law. This sentence must be served consecutively — meaning it is added on top of any sentence for the underlying crime. These are some of the most serious charges in Maryland’s criminal code and require an experienced gun crime lawyer who can challenge the evidence and fight for reduced charges.
Illegal Sale or Transfer of Firearms
Maryland regulates the sale and transfer of firearms, particularly regulated firearms (handguns and certain long guns). Selling a firearm without going through a licensed dealer, selling to a prohibited person, or straw purchases (buying a firearm for someone who cannot legally purchase one) are criminal offenses that carry significant penalties.
Possession of an Assault Weapon or Ghost Gun
Maryland bans the sale and manufacture of certain assault weapons and has enacted legislation restricting untraceable firearms (ghost guns). Possession of a banned weapon or an unserialized firearm can result in criminal charges. These laws have been the subject of ongoing legal challenges, and an attorney familiar with the current state of Maryland firearms law can evaluate whether your charges are defensible.
Penalties for Gun Crimes in Maryland
Gun crime penalties in Maryland are severe and often include mandatory minimum prison sentences that judges cannot waive. Understanding the potential consequences is critical when making decisions about how to handle your case.
Wearing, carrying, or transporting a handgun (first offense): Up to 3 years in prison and/or a $2,500 fine. A second offense carries a mandatory minimum of 1 year in prison.
Possession of a regulated firearm by a prohibited person: Up to 5 years in prison for a first offense. Second and subsequent offenses carry up to 10 years.
Use of a firearm during a crime of violence: Mandatory minimum of 5 years in prison, served consecutively with the sentence for the underlying offense. A second conviction carries a mandatory minimum of 10 years. A third carries 25 years.
Possession of a firearm with a nexus to drug trafficking: Mandatory minimum of 5 years in prison. This charge often accompanies drug-related offenses when a firearm is found in proximity to drugs or drug paraphernalia.
Defense Strategies for Gun Charges
An experienced gun charge lawyer will evaluate every aspect of your case to identify the strongest defense strategy. Common defenses in Maryland gun cases include:
Illegal search and seizure: Many gun cases begin with a traffic stop, a search of a vehicle, or a search of a home. If law enforcement conducted an illegal search in violation of your Fourth Amendment rights, the firearm and any related evidence may be suppressed — meaning it cannot be used against you at trial. This is often the most effective defense in gun cases.
Lack of knowledge or possession: The prosecution must prove that you knowingly possessed the firearm. If the gun was found in a shared vehicle, a common area, or in a location accessible to multiple people, the defense can argue that you did not know about the firearm or did not exercise control over it.
Valid permit or legal exception: If you had a valid Wear and Carry Permit, or if your situation falls within a legal exception to Maryland’s gun laws (such as transporting a firearm between your home and a shooting range), these facts can provide a complete defense to carrying charges.
Constitutional challenges: Following the Supreme Court’s 2022 decision in Bruen, which expanded Second Amendment protections, there are ongoing constitutional challenges to various Maryland gun laws. An attorney who stays current with these developments can evaluate whether a constitutional challenge is viable in your case.
Challenging the prohibited status: If you are charged with possession as a prohibited person, the defense may challenge whether you actually have a disqualifying conviction, whether your rights have been restored, or whether the disqualifying condition still applies.
Why You Need a Gun Crime Lawyer
Gun charges in Maryland carry some of the most severe penalties in the state’s criminal code. Mandatory minimum sentences mean that even a plea deal may involve significant prison time. Without an experienced attorney, you risk facing the maximum consequences without exploring every possible defense or negotiation strategy.
A skilled gun crime lawyer will conduct an independent investigation of the circumstances of your arrest, review all police reports and evidence, file motions to suppress illegally obtained evidence, negotiate with prosecutors to reduce charges where possible, and present the strongest defense at trial if necessary. Our attorneys at SoMD Criminal Defense have extensive experience handling gun charges in Maryland and understand the tactics prosecutors use in these cases.
Gun Laws and Related Weapons Offenses
In addition to firearm offenses, Maryland law criminalizes the possession and carrying of other weapons. If you are interested in learning about Maryland’s laws on other weapons, explore these related resources:
Our guide on whether brass knuckles are illegal in Maryland covers the legal status of brass knuckles, penalties for possession, and legal alternatives. Our article on whether mace and pepper spray are legal in Maryland explains the restrictions on carrying self-defense sprays. Understanding these related laws can help you avoid unintentional violations that could result in criminal charges.
Frequently Asked Questions About Gun Charges
How much does a gun crime lawyer cost?
The cost of a gun crime lawyer in Maryland varies depending on the severity of the charges, the complexity of the case, and whether the case goes to trial. Most gun crime lawyers charge flat fees or hourly rates. At SoMD Criminal Defense, we offer free initial consultations so you can discuss your case before making any financial commitments.
Can gun charges be dropped in Maryland?
Yes, gun charges can be dropped or reduced under certain circumstances. If evidence was obtained through an illegal search, if there is insufficient evidence to prove possession, or if a valid defense exists, the prosecution may agree to reduce or dismiss the charges. An experienced attorney can evaluate the strength of the state’s case and negotiate accordingly.
What is the mandatory minimum for gun charges in Maryland?
Mandatory minimums in Maryland vary by charge. Using a firearm during a crime of violence carries a mandatory minimum of 5 years. A second conviction for wearing or carrying a handgun without a permit carries a mandatory minimum of 1 year. Certain repeat offender provisions can trigger mandatory minimums of 10 to 25 years.
Can I get my gun rights back in Maryland?
Restoring gun rights in Maryland depends on the nature of your disqualifying offense. Some individuals may petition for restoration of firearm rights after completing their sentence and waiting period. Others may be permanently prohibited. Consulting with an attorney is essential to determine whether restoration is possible in your specific situation.
Contact Our Gun Crime Defense Team
If you are facing gun charges in Charles County, St. Mary’s County, Calvert County, or anywhere in Southern Maryland, do not wait to get legal representation. Gun cases move quickly, and early involvement of a defense attorney can make a significant difference in the outcome. Contact SoMD Criminal Defense today for a free consultation. We will review your case, explain your options, and begin building your defense immediately.
