What Does § 5-133 Prohibit?
Maryland Public Safety Article § 5-133 restricts the possession of a regulated firearm by certain persons. A regulated firearm typically includes a handgun. The statute lists multiple categories of persons who may not possess a regulated firearm. These include persons who have been convicted of a disqualifying crime, persons who have been convicted of certain controlled dangerous substance offenses, persons who are subject to a protective order, persons who have been found mentally incompetent or involuntarily committed, fugitives, habitual drunkards, and persons addicted to a controlled dangerous substance. The State must prove that the accused falls within one of the prohibited categories and that the accused possessed a regulated firearm. The statute does not require proof that the firearm was used in a crime.
What Are the Maximum Penalties?
The maximum penalty depends on the specific prohibited category. For certain prior convictions, including a crime of violence or specified controlled dangerous substance offenses, a violation is a felony. The maximum penalty is 15 years in prison, and the statute provides for a mandatory minimum sentence of 5 years that the court may not suspend in some circumstances. The person is not eligible for parole during the mandatory minimum sentence in those cases. For other prohibited categories, the offense is a misdemeanor with a lower maximum penalty. The charging document will identify the specific subsection and the prior conviction or status that the State alleges makes the person prohibited.
What Must the State Prove?
The State must prove two elements beyond a reasonable doubt. First, the accused possessed a regulated firearm. Possession can be actual or constructive. Second, the accused falls within one of the prohibited categories listed in § 5-133. For category-based prohibitions that depend on a prior conviction, the State must prove the existence and finality of that conviction. For status-based prohibitions, such as being subject to a protective order or being a fugitive, the State must prove the status existed at the time of possession. Knowledge that the person was prohibited is not an element the State must prove under the statute.
Where Are These Cases Heard in Baltimore County?
Because many violations of § 5-133 are felonies, cases are tried in the Circuit Court for Baltimore County, which sits only in Towson. An accused may have an initial appearance or bail review in District Court in Towson, Essex, or Catonsville before the case is transferred to the Circuit Court. Motions to suppress evidence obtained from an unlawful search, and motions challenging the proof of the prohibited status, are heard in the Circuit Court. The specific subsection charged determines whether the case is a felony or a misdemeanor and, therefore, the court that will try it.
Common Issues in Prohibited Person Cases
Common issues include whether the accused actually or constructively possessed the firearm, whether the prior conviction qualifies as a disqualifying crime or crime of violence, and whether the prohibited status existed at the time of possession. Challenges to the search that led to the discovery of the firearm are also common. The State must prove possession and the prohibited status beyond a reasonable doubt. The absence of evidence connecting the accused to the firearm, or evidence that the prior conviction does not qualify under the statute, can affect the outcome.
What to Do If You Are Charged
If you are charged with possession of a regulated firearm by a prohibited person in Baltimore County, the charging document will show the specific subsection and the court. Shepard Law represents clients facing these charges in the Circuit Court for Baltimore County in Towson and in related District Court proceedings in Towson, Essex, and Catonsville. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense lawyer Stephen P. Shepard can review the facts and explain the elements the State must prove.
The maximum penalty is 15 years, and the statute provides for a 5-year mandatory minimum in some circumstances under § 5-133.
No. The State must prove possession of a regulated firearm by a prohibited person.
Felony cases are tried in the Circuit Court for Baltimore County in Towson.
Yes. Under current Maryland State Police guidelines, a medical marijuana card carrier is prohibited from possessing a regulated firearm.
Yes. Possession can be actual or constructive.
A disqualifying crime is a prior conviction that falls within one of the categories listed in § 5-133.
