Prince George’s County Gun Charges Lawyer
Firearms charges in Maryland are among the most severely punished criminal offenses in the state, and Prince George’s County prosecutors pursue gun cases with particular intensity. If you are facing charges for illegal possession of a firearm, carrying without a permit, or any other weapons offense, you need an experienced defense attorney who understands Maryland’s complex firearms laws and knows how to challenge the State’s case at every stage. At SoMD Criminal Defense, attorneys Jeremy Widder and Kathryn Batey provide strategic firearms defense throughout Prince George’s County from our Oxon Hill office. Call (301) 818-0389 for a free consultation.
Firearms Charges in Maryland
Maryland has some of the most restrictive gun laws in the country, and gun charges can arise from a wide range of circumstances. Common firearms charges in Prince George’s County include:
Carrying a Handgun Without a Permit — Maryland requires a valid Wear and Carry Permit to carry a handgun on your person or in a vehicle. Carrying without a permit is a serious offense with mandatory minimum sentences for repeat offenders.
Felon in Possession of a Firearm — Individuals convicted of certain felonies or disqualifying misdemeanors are prohibited from possessing firearms under both Maryland and federal law. A felon found in possession of a firearm faces up to 15 years in prison with a mandatory minimum of five years without parole.
Illegal Possession — Beyond felony prohibitions, certain individuals are barred from possessing firearms, including those subject to protective orders, individuals with certain mental health adjudications, and those convicted of specific drug offenses.
Ghost Guns — Maryland law prohibits the possession, sale, and manufacture of unregistered, unserialized firearms — commonly known as ghost guns. Violations carry significant penalties, and PG County law enforcement has made ghost gun enforcement a priority.
Switch and Auto-Sear Charges — Devices that convert semi-automatic firearms to fully automatic fire — known as switches or auto-sears — are illegal under both Maryland and federal law. Possession of these devices carries severe penalties including federal prosecution.
Stolen Firearms — Possession of a stolen firearm is a separate criminal offense that can be charged in addition to other firearms violations.
Transporting Firearms — Maryland law imposes specific requirements on how firearms must be transported. Failing to comply with these requirements can result in criminal charges even for lawful gun owners.
Penalties for Gun Charges in Maryland
The penalties for firearms offenses in Maryland are severe and often include mandatory minimum sentences that judges cannot reduce or suspend.
Carrying a handgun without a permit carries up to three years for a first offense and up to ten years with a mandatory minimum for subsequent offenses. Felon in possession charges carry up to 15 years with a five-year mandatory minimum without parole. Use of a firearm in the commission of a violent crime carries an additional mandatory minimum sentence of five to twenty years, served consecutively with any other sentence.
Beyond incarceration, a firearms conviction results in permanent loss of gun rights, a felony record that affects employment and housing opportunities, and potential federal prosecution for certain offenses.
How We Defend Gun Cases
Our defense strategies in firearms cases focus on challenging the circumstances under which the firearm was discovered and the State’s ability to prove each element of the offense.
Challenging the Stop and Search — Many gun cases in Prince George’s County begin with a traffic stop or pedestrian encounter. If law enforcement lacked reasonable suspicion for the stop or probable cause for the search, any firearm discovered may be suppressed as evidence. We file motions to suppress and argue vigorously for exclusion of unlawfully obtained evidence.
Challenging Constructive Possession — When a firearm is not found directly on your person — for example, in a vehicle with multiple occupants or in a shared residence — the State must prove constructive possession. This requires showing you knew the firearm was present and had the ability and intent to exercise control over it. We challenge these inferences when the evidence is insufficient.
Proving Lawful Ownership and Transport — In some cases, a lawful gun owner is charged due to a misunderstanding of Maryland’s transport or carry laws. We present evidence of lawful ownership, proper permits, and compliance with transport requirements.
Challenging Identification Evidence — We scrutinize witness identifications, forensic evidence such as fingerprints or DNA on the firearm, and any circumstantial evidence linking you to the weapon.
Restoration of Gun Rights
If you have lost your right to possess firearms due to a prior conviction, Maryland law provides a process for restoring your Second Amendment rights. Eligibility depends on the nature of the disqualifying offense, the time elapsed since completion of your sentence, and your conduct since conviction. We assist clients in evaluating their eligibility and pursuing restoration through the appropriate legal channels.
Frequently Asked Questions
What are the penalties for illegal gun possession in Maryland?
Penalties vary by offense. Carrying a handgun without a permit carries up to three years for a first offense. Felon in possession carries up to 15 years with a five-year mandatory minimum. Use of a firearm in a crime of violence adds a mandatory consecutive sentence of five to twenty years. The specific penalties depend on your criminal history and the circumstances of the offense.
Can gun charges be dismissed in PG County?
Yes, gun charges can be dismissed in Prince George’s County. Common grounds for dismissal include illegal search and seizure, insufficient evidence to prove possession or knowledge, failure to establish constructive possession, and violations of your constitutional rights during the investigation. An experienced firearms defense attorney evaluates every aspect of the State’s case for potential weaknesses.
Is it illegal to have a ghost gun in Maryland?
Yes, ghost guns are illegal in Maryland. Maryland law prohibits the possession, sale, offer to sell, or transfer of an unfinished frame or receiver that is not serialized. Violations can result in criminal charges and significant penalties.
What is the penalty for carrying a handgun without a permit?
Carrying a handgun without a Wear and Carry Permit in Maryland is punishable by up to three years in prison and a $2,500 fine for a first offense. Subsequent offenses carry enhanced penalties including mandatory minimum sentences. The penalties increase further if the handgun is carried on school property or in other restricted areas.
Contact a Prince George’s County Gun Charges Lawyer Today
If you are facing firearms charges in Prince George’s County, the consequences are too serious to face without experienced legal representation. Contact SoMD Criminal Defense today at (301) 818-0389 for a free consultation. We defend clients in Upper Marlboro, Bowie, Oxon Hill, Hyattsville, College Park, and throughout all of Prince George’s County.