Gun laws in Maryland are among the strictest in the country. If you’re facing gun charges in Maryland, it’s critical to understand the potential consequences and how to protect your rights. Whether it involves illegal possession, transportation, or use of a firearm, a conviction can lead to severe penalties, including jail time, fines, and a permanent criminal record.
In this post, we break down common types of gun charges, what the law says, and what defenses may be available.
Common Gun Charges in Maryland
1. Illegal Possession of a Regulated Firearm
Maryland law prohibits certain individuals from possessing firearms. You may face charges for illegal possession if you:
- Have a prior felony or disqualifying conviction
- Are under 21 years old
- Have a protective order against you
- Are diagnosed with certain mental illnesses or committed to a mental health facility
This is typically charged under Public Safety Article § 5-133. Conviction can result in up to 5 years in prison and a $10,000 fine, with enhanced penalties for repeat offenders.
2. Possession of a Handgun Without a Permit
Carrying or transporting a handgun without a valid Maryland Wear and Carry Permit is a misdemeanor punishable by:
- Up to 5 years in prison and a $2,500 fine for a first offense
- Up to 10 years for repeat offenses
This law applies even if the gun is not loaded or is stored in your vehicle.
3. Possession of a Firearm in a Vehicle
Under Criminal Law § 4-203, transporting a handgun in a vehicle without following Maryland’s specific requirements—such as keeping it unloaded and in a case—can lead to criminal charges.
4. Use of a Firearm in a Crime of Violence (CoV)
If a firearm is used during the commission of a violent crime (e.g., robbery, assault, or murder), Maryland imposes mandatory minimum sentences. A conviction carries:
- A minimum of 5 years in prison, without the possibility of parole
- Up to 20 years depending on the offense and criminal history
These charges are often filed in addition to the underlying violent crime, significantly increasing exposure.
Maryland’s Approach to Gun Crime Sentencing
Maryland imposes mandatory minimums for many gun-related offenses, especially repeat violations or gun use during violent crimes. Judges have limited discretion when these minimums apply, and prosecutors often use the threat of long prison terms as leverage in plea negotiations.
Repeat offenders, in particular, face enhanced penalties, with some offenses carrying up to 15 years minimum mandatory prison time, all without parole.
Possible Defenses to Gun Charges
Every case is different, but a skilled Southern Maryland criminal lawyer may explore defenses such as:
- Lack of knowledge or intent (you didn’t know the firearm was there)
- Illegal search and seizure (your Fourth Amendment rights were violated)
- Improper chain of custody of the firearm as evidence
- Exemptions under Maryland law, such as transporting a firearm for lawful purposes (e.g., moving, going to a shooting range)
These defenses can be complex and require a detailed understanding of both Maryland statutes and case law.
Federal vs. State Gun Charges
While this post focuses on Maryland law, it’s important to note that federal gun charges can also apply—especially if firearms cross state lines or if you’re accused of being a felon in possession of a firearm under 18 U.S.C. § 922(g). These charges are prosecuted in federal court and can result in much harsher sentences.
What to Do If You’re Charged with a Gun Offense
If you’ve been arrested or charged with any type of gun offense in Maryland, don’t wait to get help. The sooner you involve a criminal defense lawyer, the better your chances of protecting your rights, building a strong defense, and avoiding the harshest penalties.
Speak with a Southern Maryland Criminal Lawyer Today
At Southern Maryland Criminal Defense, we understand how overwhelming gun charges in Maryland can be. We’ve helped clients across Prince George’s County, Charles County, St. Mary’s County, and Calvert County challenge illegal searches, negotiate reduced charges, and fight for acquittals.
Call us today or request a consultation to discuss your case confidentially.
If you are facing gun charges in Southern Maryland, the consequences can be life-altering. Maryland imposes some of the harshest firearm penalties in the country, and a conviction can mean mandatory minimum prison sentences, loss of your right to own firearms permanently, and a felony record that follows you for life. Whether the charge involves wearing, carrying, or transporting a handgun, felon in possession, or using a firearm during a violent crime, you need an experienced defense attorney who understands Maryland firearms law.
The attorneys at SoMD Criminal Defense defend clients against Maryland gun charges in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. As former prosecutors, we know how the State builds these cases and where the weaknesses lie. Contact us at (301) 818-0389 for a free consultation.
Wearing, Carrying, or Transporting a Handgun
Under Maryland Criminal Law § 4-203, it is illegal to wear, carry, or transport a handgun on your person or in a vehicle without a valid Maryland Wear and Carry Permit. This is one of the most commonly charged firearms offenses in Southern Maryland. A first offense carries a minimum sentence of 30 days and a maximum of 3 years. A second offense carries a minimum of 1 year and a maximum of 10 years. These are serious felony charges that can result in immediate incarceration.
Felon in Possession of a Firearm
Under Maryland Public Safety § 5-133, individuals who have been convicted of a felony or certain disqualifying misdemeanors are prohibited from possessing firearms. A conviction for felon in possession carries up to 15 years in prison. This charge often arises during traffic stops, domestic incidents, or searches conducted during probation. If you are facing a felon in possession charge, your attorney may be able to challenge the legality of the search that led to the discovery of the firearm or dispute whether you had actual knowledge of or control over the weapon.
Use of a Firearm in a Crime of Violence
Under Maryland Criminal Law § 4-204, using a firearm during the commission of a crime of violence carries a mandatory minimum sentence of 5 years without the possibility of parole, in addition to any sentence imposed for the underlying offense. Crimes of violence include murder, robbery, carjacking, assault, sexual offenses, and certain other offenses. This enhanced penalty can dramatically increase the total prison sentence in a case.
Ghost Gun and Untraceable Firearm Charges
Maryland has enacted laws targeting ghost guns — firearms that lack serial numbers and are typically assembled from parts kits. Under Maryland Criminal Law § 4-601 through § 4-604, it is illegal to manufacture, sell, or possess an unfinished frame or receiver that is not serialized. Violations can result in felony charges. Ghost gun cases have increased significantly in Charles County and throughout Southern Maryland as law enforcement agencies prioritize these investigations.
If you are facing any type of firearm or weapons charge, do not wait to seek legal help. The defense attorneys at SoMD Criminal Defense offer a free consultation and can begin reviewing your case immediately. Contact us today.
Defenses to Gun Charges in Maryland
An experienced firearms defense attorney can challenge gun charges in several ways. Common defenses include challenging the legality of the search or traffic stop that led to the discovery of the weapon, disputing constructive possession when a firearm is found in a shared vehicle or residence, challenging whether the defendant had knowledge of the firearm’s presence, raising Second Amendment arguments in appropriate cases, and negotiating for reduced charges or alternative sentencing when a conviction is likely.
For a comprehensive overview of Maryland’s firearms regulations, including the permit process and recent legislative changes, see our companion guide on Gun Laws in Maryland. This article provides general information about gun charges and should not be considered legal advice for your specific situation.
Call (301) 818-0389 or contact us online for a free consultation. Listening. Advocating. Protecting.
Frequently Asked Questions About Gun Charges in Maryland
What is the penalty for carrying a gun without a permit in Maryland?
Under Maryland Criminal Law § 4-203, carrying a handgun without a valid Wear and Carry Permit is a felony. A first offense carries a minimum of 30 days and maximum of 3 years in prison. A second offense carries a minimum of 1 year and maximum of 10 years. These mandatory minimums mean that even first-time offenders face the real possibility of incarceration.
Can a convicted felon own a gun in Maryland?
No. Under Maryland Public Safety § 5-133, individuals convicted of a felony or certain disqualifying misdemeanors are prohibited from possessing regulated firearms. A violation carries up to 15 years in prison. In some cases, an attorney may be able to help restore firearm rights through a pardon or other legal process.
What is a ghost gun and is it illegal in Maryland?
A ghost gun is a firearm that lacks a serial number and is typically assembled from a parts kit or 3D-printed. Maryland law under Criminal Law § 4-601 through § 4-604 prohibits manufacturing, selling, or possessing unfinished frames or receivers that are not properly serialized. Violations are felony offenses.
What is the mandatory minimum for using a gun during a crime in Maryland?
Under Maryland Criminal Law § 4-204, using a firearm during the commission of a crime of violence carries a mandatory minimum sentence of 5 years without the possibility of parole. This sentence runs in addition to the penalty for the underlying offense, meaning the total prison term can be substantial.
