Wicomico Gun Lawyer
Maryland has many laws that regulate the ownership, possession, and usage of firearms. Although the Second Amendment protects the right to bear arms, this right is necessarily limited by state and federal laws that govern individuals’ access to and use of guns. Violations of both state and federal gun laws could result in stiff penalties, including prison sentences.
If you are facing any type of gun or weapons charges, you may wish to consult a Wicomico gun lawyer for legal advice. A skilled defense attorney could advocate for you.
Illegal Possession of a Handgun
Md. Code, Crim. Law § 4-203 sets forth the criminal offense of illegal possession of a handgun, which is a misdemeanor. Individuals may not wear, carry, or transport a handgun in public, either in an open or concealed fashion, without the proper permits and licensing. Some of the individuals who are exempt from this law may be:
- Law enforcement officers
- Members of the military who are on duty or traveling to or from duty
- Correctional officers and wardens of correctional facilities
- Sheriffs and assistant or deputy sheriffs, including part-time and volunteer sheriff’s deputies
A first-time violator of this law may, upon conviction, receive a sentence of incarceration ranging from 30 days to three years and a fine ranging from $250 to $2,500. If the offense occurs on public school property, the minimum sentence of incarceration could increase to 90 days. Subsequent violations of these sections may result in increased sentences of incarceration and higher fines.
As a gun lawyer from Wicomico could explain, it is also illegal for certain individuals to possess any firearm if:
- they have been convicted of a crime of violence
- they have a prior felony conviction
- they have been involuntarily committed to a mental institution
Using a Firearm in the Commission of a Crime
The penalties for using a firearm in Maryland while committing a separate crime of violence, other than the crime of possession, could be more severe. Pursuant to Md. Code, Crim. Law § 4-204, this is a misdemeanor offense that could result in a sentence of incarceration ranging from five years to 20 years. This sentence of incarceration is independent of and in addition to any sentence of incarceration for the underlying crime committed while using a firearm.
Assault Weapons in Wicomico
Md. Code, Crim. Law § 4-303 makes it illegal to possess, sell, transfer, buy, or transport an assault weapon in the state of Maryland. There are a few exceptions to this general rule, most of which relate to certain weapons obtained prior to the law going into effect in the state. It is also illegal under § 4-305 to possess, sell, transfer, or buy a detachable magazine with a capacity of more than ten rounds of ammunition for a firearm.
Violation of these sections of the code is a misdemeanor, which may carry a sentence of imprisonment of up to three years and a fine of up to $5,000. However, if an assault weapon or detachable magazine described above is used in the commission of a felony or a crime of violence, the charge is a misdemeanor that may result in a mandatory minimum prison sentence of five years and not to exceed 20 years.
This minimum sentence, which may not be suspended or decreased by a judge, could render the individual to be ineligible for parole for five years and is in addition to any sentence imposed for the underlying felony or violent crime.
Working with a Wicomico Gun Attorney
Firearms charges in Wicomico could have serious consequences that can negatively impact an individual’s life on many different levels. Getting the legal advice and counsel that you need in this situation could be crucial to minimizing the repercussions of firearms charges. Consider the benefits of working with a Wicomico gun lawyer in your case and set up an appointment today.