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.
