What Is the Prohibition on Wearing, Carrying, or Transporting a Handgun?
Maryland Criminal Law § 4-203 prohibits a person from wearing, carrying, or transporting a handgun, whether concealed or open, on or about the person, or from knowingly transporting a handgun in a vehicle. There are limited exceptions, including for a person who holds a valid Wear and Carry permit. Maryland does not recognize concealed-carry permits issued by other states. A first conviction under § 4-203 is a misdemeanor with a maximum penalty of 5 years in prison and a $2,500 fine, and a mandatory minimum of 30 days. Subsequent convictions carry enhanced maximum penalties and higher mandatory minimums.
What Is the Use of a Firearm in the Commission of a Crime of Violence?
Criminal Law § 4-204 prohibits the use of a firearm in the commission of a crime of violence or any felony. The statute defines firearm broadly and includes antique firearms and frames or receivers. A conviction under § 4-204 is a misdemeanor that carries a mandatory minimum of 5 years and a maximum of 20 years, in addition to any sentence for the underlying crime. The court may not impose less than the minimum, and the person is generally not eligible for parole during the mandatory minimum period. Subsequent violations require consecutive sentences.
What Other Firearms Offenses Exist?
Maryland law also regulates possession of a regulated firearm by certain prohibited persons under Public Safety § 5-133. A person previously convicted of a crime of violence or certain drug offenses who possesses a regulated firearm faces a felony with a mandatory minimum of 5 years. Other offenses include carrying a handgun in certain prohibited locations and violations of the Wear and Carry permit requirements. The specific statute charged determines the classification and the maximum penalty.
Where Are Firearms Cases Heard in Baltimore County?
Most firearms charges begin in District Court in Towson, Essex, or Catonsville. Because the maximum penalties for the common firearms offenses exceed 90 days, the defendant may pray a jury trial and move the case to the Circuit Court for Baltimore County, which sits only in Towson. Felony firearms charges are heard in the Circuit Court. Motions to suppress evidence obtained from an unlawful search or stop are heard in the court that will try the case.
What to Do If You Are Charged with a Firearms Offense
If you are charged with a firearms offense in Baltimore County, the charging document will show which court location was assigned. Shepard Law represents clients facing firearms charges in Towson, Essex, Catonsville, and the Circuit Court in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense attorney Stephen P. Shepard can review the charging document and explain the elements the State must prove.
No. Maryland does not recognize concealed-carry permits issued by other states. A person must hold a valid Maryland Wear and Carry permit to lawfully carry a handgun.
A first conviction for wearing, carrying, or transporting a handgun under § 4-203 carries a mandatory minimum of 30 days. The maximum penalty is 5 years and a $2,500 fine.
A conviction under § 4-204 carries a mandatory minimum of 5 years and a maximum of 20 years, in addition to the sentence for the underlying crime. The person is generally not eligible for parole during the mandatory minimum period.
Yes. Because the maximum penalties for the common firearms offenses exceed 90 days, the defendant may pray a jury trial and move the case from District Court to the Circuit Court for Baltimore County in Towson.
Most firearms charges begin in District Court in Towson, Essex, or Catonsville. Cases can be moved to the Circuit Court in Towson by a jury-trial prayer, and felony charges are heard in the Circuit Court.
Yes. When a firearm is found in a vehicle or residence shared by multiple people, the State may rely on constructive possession. The State must prove knowledge and the ability and intent to exercise control.
