Steps to Protect Your Firearm Rights
If you are facing misdemeanor charges and are concerned about your firearm rights, the most important step is to involve an experienced criminal defense attorney before the case is resolved. The disposition of your case — whether it results in a conviction, probation before judgment, dismissal, or acquittal — directly determines whether your firearm rights are affected. Once a conviction is entered that triggers a firearms disability, undoing that result is far more difficult than preventing it in the first place.
At SoMD Criminal Defense, we evaluate every client’s case with firearm rights in mind. For many of our clients in Southern Maryland — where hunting, sport shooting, and personal protection are integral parts of daily life — preserving the right to own firearms is a critical consideration. We work to achieve dispositions that avoid triggering state or federal firearms prohibitions whenever possible, whether through negotiation, trial, or alternative sentencing options.
Restoring Firearm Rights After a Disabling Conviction
If you already have a misdemeanor conviction that affects your firearm rights, options for restoration exist but are limited. A full pardon from the Governor of Maryland restores civil rights, including firearm rights, for state-level disabilities. For federal disabilities, a presidential pardon is the primary restoration mechanism. Post-conviction relief that vacates or modifies the underlying conviction can also eliminate the firearms disability if the conviction itself is overturned. Expungement, where available, removes the conviction from your record but may not automatically restore federal firearm rights depending on the specific circumstances.
The restoration process is complex and case-specific. If your firearm rights have been affected by a past conviction, consulting with an attorney who understands both Maryland and federal firearms law is essential to understanding your options.
If you have a misdemeanor conviction on your record in Maryland, you may be wondering whether you can still legally own a firearm. The answer is not straightforward. While many misdemeanors do not affect your gun rights, certain misdemeanor convictions can disqualify you from owning or possessing a firearm under both Maryland and federal law.
At SoMD Criminal Defense, we regularly advise clients across Charles County, Calvert County, St. Mary’s County, and Prince George’s County on how criminal convictions affect their Second Amendment rights. Here is what you need to know about gun ownership after a misdemeanor in Maryland.
Maryland Law on Gun Ownership After a Misdemeanor
Under Maryland Public Safety § 5-133, you are disqualified from possessing a regulated firearm (handguns and certain long guns) if you have been convicted of a disqualifying crime. While felonies are the most obvious disqualifier, several misdemeanor offenses also trigger a firearms ban. These include any crime of violence as defined in Criminal Law § 14-101 (which includes second degree assault, even though it is a misdemeanor), any violation classified as a misdemeanor under state or federal controlled dangerous substance laws that carries a penalty of more than two years, and certain domestic violence-related offenses.
Second degree assault is particularly important because it is one of the most commonly charged crimes in Maryland and, despite being a misdemeanor, is classified as a crime of violence that triggers a lifetime firearms ban under both state and federal law.
Federal Law and the Lautenberg Amendment
Federal law imposes additional restrictions on gun ownership after a misdemeanor conviction. Under 18 U.S.C. § 922(g)(9), known as the Lautenberg Amendment, anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms or ammunition. This applies regardless of whether the state classifies the offense as domestic violence. If the underlying facts involved a domestic relationship, the federal ban may apply.
For residents of Southern Maryland who work in law enforcement, the military, or federal government, this restriction can have career-ending consequences. Even a seemingly minor domestic assault conviction can permanently bar you from carrying a service weapon.
If you are facing misdemeanor charges that could affect your gun rights, contact SoMD Criminal Defense at (301) 818-0389 for a free consultation. We can evaluate the charges and work to protect your Second Amendment rights.
Restoring Gun Rights After a Misdemeanor in Maryland
If your gun rights have been revoked due to a misdemeanor conviction, there may be options for restoration. These include expungement of the conviction (if eligible), a governor’s pardon, or challenging the classification of the offense. Learn more about post-conviction options in Maryland.
The process for restoring gun rights is complex and depends on the specific conviction and the applicable state and federal laws. An experienced attorney can evaluate your situation and advise you on the best path forward.
Protecting Your Gun Rights in Southern Maryland
The best way to protect your gun rights is to fight the charges before a conviction occurs. At SoMD Criminal Defense, we understand how much is at stake when a criminal charge threatens your Second Amendment rights, especially in a community like Southern Maryland where hunting, sport shooting, and firearm ownership are part of daily life.
The attorneys at SoMD Criminal Defense have over a decade of experience defending clients in violent crime and assault cases across Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Call us today at (301) 818-0389 or contact us online to schedule your free consultation.
This article provides general information about gun ownership and misdemeanor convictions in Maryland and is not legal advice. Contact an attorney for advice specific to your situation.
FAQ: Gun Ownership and Misdemeanors in Maryland
Does a DUI affect gun ownership in Maryland?
A DUI conviction alone does not typically disqualify you from owning a firearm in Maryland. DUI is not classified as a crime of violence or a disqualifying offense under Maryland’s firearms statutes. However, if the DUI involved additional charges such as assault or drug offenses, those charges could affect your gun rights.
Can I own a gun after a second degree assault conviction in Maryland?
No. Second degree assault is classified as a crime of violence under Maryland law, even though it is a misdemeanor. A conviction for second degree assault disqualifies you from possessing regulated firearms in Maryland and may also trigger federal firearms restrictions.
How do I find out if my misdemeanor affects my gun rights?
The best way to determine whether a specific misdemeanor conviction affects your gun rights is to consult with a criminal defense attorney who is familiar with both Maryland and federal firearms laws. Contact SoMD Criminal Defense at (301) 818-0389 for a free consultation to discuss your specific situation.
Frequently Asked Questions
Which misdemeanors disqualify you from owning a gun in Maryland?
Under federal law, a misdemeanor crime of domestic violence disqualifies you from firearm ownership. Under Maryland law, misdemeanors carrying a potential sentence of more than two years also trigger firearms restrictions. This includes second-degree assault, which carries up to 10 years, and certain other misdemeanors that are more serious than their classification might suggest. An attorney can review your specific conviction to determine whether it affects your firearm rights.
Can I own a gun after completing probation for a misdemeanor?
Completing probation does not automatically restore firearm rights if the underlying conviction is a disabling offense. The firearms restriction is based on the conviction itself, not the sentence served. To restore your rights, you may need to pursue expungement, a pardon, or post-conviction relief that vacates the conviction. Consult with an attorney about your specific options.
Does a PBJ for assault affect my gun rights?
This is a complex area. Probation before judgment is not technically a conviction under Maryland law, which may mean it does not trigger state firearms restrictions. However, federal law defines “conviction” more broadly and may treat a PBJ as a conviction for purposes of the federal firearms prohibition, particularly for domestic violence offenses. The interaction between state and federal law in this area requires careful legal analysis.
