Gun Charges in Maryland | Scrofano Law PC

Everything You Need to Know About Gun Charges in Maryland

Gun laws in Maryland are among the strictest in the United States, and violations can lead to serious criminal charges. Many people face charges without fully understanding what conduct is illegal or how penalties are determined. This page explains how Maryland gun laws work, the types of offenses involved, and what typically happens after an arrest.

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What Are Gun Charges in Maryland?

Gun charges in Maryland involve crimes related to the possession, carrying, transporting, selling, or use of firearms in violation of state law. Depending on the facts, these offenses can be charged as misdemeanors or felonies under Maryland criminal statutes.

Maryland has strict gun laws that regulate how firearms are obtained, registered, carried, and transported. Unlike some nearby states, Maryland requires a Wear and Carry Permit to carry a handgun in public, and certain firearms must also be properly registered.

Because of these rules, conduct that is legal in another state may still lead to criminal charges in Maryland. This is especially common in cases involving firearms in vehicles or public places.

In many situations, a person can be charged even if the gun was never used. Simply having a handgun without proper permission or being in a restricted area may be enough for an arrest. Read on as we explore some of the common gun-related offenses in Maryland.

Illegal Possession of a Regulated Firearm

One of the most common gun charges in Maryland is illegal possession of a regulated firearm. This usually means having a handgun or other restricted firearm without meeting legal requirements.

Legal requirements here go beyond just registration. It also includes having a Handgun Qualification License (HQL) and not being a prohibited person.

Under Md. Code Ann., Pub. Safety § 5-133, some people are not allowed to have firearms. This includes:

People with certain criminal convictions
Fugitives
Minors under certain conditions
People addicted to controlled substances
People under certain protective or restraining orders.

If a person in one of these groups has a firearm, they can be charged under Maryland law. The charge may be a misdemeanor or a felony.

The level of the charge depends on the facts of the case and the person’s background.

Carrying a Handgun Without a Permit

Carrying a handgun without a permit means carrying a handgun in public, whether openly or concealed, without a valid Wear and Carry Permit.

Under Md. Code Ann., Pub. Safety § 5-303, a person may face charges if they:

Carry a handgun in public without a valid permit.
Carry a concealed handgun in a vehicle or on their person without authorization.
Fail to comply with the terms of a valid permit, such as carrying in a restricted place or while intoxicated.

If a person does any of these, they can be charged under Maryland law. This is usually a misdemeanor, but it can still lead to jail time and fines. This applies even if the firearm is legally owned.

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Unlawful Sale or Transfer of Firearms

You cannot sell or transfer firearms in Maryland without following strict rules, especially for handguns.

Under Md. Code Ann., Pub. Safety § 5-124, a person must have a valid dealer license to sell firearms. This law regulates who can legally sell guns.

Under Md. Code Ann., Pub. Safety § 5-134, regulated firearms must go through approved transfer steps. This includes background checks and required state paperwork.

A person may face charges for:

Selling firearms without the required dealer license
Transferring a regulated firearm without completing the required background checks and paperwork
Making a straw purchase, which means buying a gun for someone who is not legally allowed to have one

These offenses can be charged as misdemeanors or felonies. The charge depends on the facts, including intent and whether the firearm was transferred to a prohibited person.

Possession in Restricted or “Gun-Free” Zones

You cannot carry your gun in certain places in Maryland. This rule applies even if you have legally registered the gun and you have a valid carry permit.

Under Md. Code Ann., Crim. Law § 4-102, you can’t bring a gun onto school property, whether public or privately owned. Similarly, under § 4-203, carrying weapons is also off-limits in many public spaces, such as government buildings and some public transit systems.

If you break these rules, you can face criminal charges. Penalties can be even tougher if the gun is loaded or easy to reach.

Unlawful Sale or Transfer of Firearms

You cannot sell or transfer firearms in Maryland without following strict rules, especially for handguns.

Under Md. Code Ann., Pub. Safety § 5-124, a person must have a valid dealer license to sell firearms. This law regulates who can legally sell guns.

Under Md. Code Ann., Pub. Safety § 5-134, regulated firearms must go through approved transfer steps. This includes background checks and required state paperwork.

A person may face charges for:

Selling firearms without the required dealer license
Transferring a regulated firearm without completing the required background checks and paperwork
Making a straw purchase, which means buying a gun for someone who is not legally allowed to have one

These offenses can be charged as misdemeanors or felonies. The charge depends on the facts, including intent and whether the firearm was transferred to a prohibited person.

Possession in Restricted or “Gun-Free” Zones

You cannot carry your gun in certain places in Maryland. This rule applies even if you have legally registered the gun and you have a valid carry permit.

Under Md. Code Ann., Crim. Law § 4-102, you can’t bring a gun onto school property, whether public or privately owned. Similarly, under § 4-203, carrying weapons is also off-limits in many public spaces, such as government buildings and some public transit systems.

If you break these rules, you can face criminal charges. Penalties can be even tougher if the gun is loaded or easy to reach.

Unlawful Sale or Transfer of Firearms

You cannot sell or transfer firearms in Maryland without following strict rules, especially for handguns.

Under Md. Code Ann., Pub. Safety § 5-124, a person must have a valid dealer license to sell firearms. This law regulates who can legally sell guns.

Under Md. Code Ann., Pub. Safety § 5-134, regulated firearms must go through approved transfer steps. This includes background checks and required state paperwork.

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A person may face charges for:

Selling firearms without the required dealer license
Transferring a regulated firearm without completing the required background checks and paperwork
Making a straw purchase, which means buying a gun for someone who is not legally allowed to have one

These offenses can be charged as misdemeanors or felonies. The charge depends on the facts, including intent and whether the firearm was transferred to a prohibited person.

Possession in Restricted or “Gun-Free” Zones

You cannot carry your gun in certain places in Maryland. This rule applies even if you have legally registered the gun and you have a valid carry permit.

Under Md. Code Ann., Crim. Law § 4-102, you can’t bring a gun onto school property, whether public or privately owned. Similarly, under § 4-203, carrying weapons is also off-limits in many public spaces, such as government buildings and some public transit systems.

If you break these rules, you can face criminal charges. Penalties can be even tougher if the gun is loaded or easy to reach.

When Gun Charges Become a Felony in Maryland

Some gun charges in Maryland can be charged as felonies when the situation is more serious. It depends on the facts of the case, the type of firearm, and the person’s criminal history.

A gun charge is more likely to become a felony when it involves:

A person who is legally prohibited from owning a firearm under Md. Code Ann., Pub. Safety § 5-133
Possession of a handgun or regulated firearm after certain prior convictions
Serious repeat offenses or prior firearm-related convictions
Situations where the firearm is connected to another felony crime, like murder, drug crime, etc.

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In these cases, prosecutors may elevate a misdemeanor to a felony based on the circumstances.

Penalties for Felony Gun Charges

Felony gun charges carry much harsher penalties. A conviction may result in:

Up to 10 years in prison
Fines up to $25,000
Mandatory minimum jail sentences in certain cases

Even a first offense Maryland gun charge can still result in a lengthy prison term. As such, it’s better to speak with an experienced Maryland gun lawyer as soon as you are charged.

Common Defenses to Gun Charges

Several legal defenses may apply in Maryland gun cases, depending on how the stop, search, and evidence collection were handled. A criminal defense lawyer will review these details to determine which one works for your case.

Illegal search or seizure (Fourth Amendment): Evidence may be challenged if police searched a person, vehicle, or home without a valid warrant, consent, or legal exception. If the search was unlawful, the firearm and other evidence may be excluded from court.

How Long is the Prison Sentence for Gun Charges

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Lack of possession or control: The prosecution must show that the accused actually possessed or controlled the firearm. If the gun belonged to someone else or was not under the person’s control, this can be a defense.
Improper stop or detention: If police stopped or detained a person without reasonable suspicion or probable cause, the stop may be considered unlawful. Any evidence found during that stop may be challenged.
Insufficient evidence: The state must prove guilt beyond a reasonable doubt. If there is no clear proof of ownership, possession, or intent, the charges may not hold.
Procedural errors: Mistakes during the arrest, investigation, or handling of evidence can also affect the case. This may include issues with reports, chain of custody, or Miranda warnings.

Each defense depends on the specific facts of the case and the available evidence.

What Are Your Options?

Gun charges in Maryland can come from many different situations. The outcome often depends on small but important details, such as whether a person had the proper license, where the firearm was found, and their prior criminal history. Maryland firearm laws are complex, and even a simple mistake can lead to serious charges.

Understanding how these charges are classified can help you better understand the legal process and what may happen next in a case.

If you want to learn more about Maryland gun laws or understand your legal options, you can speak with our team to get guidance on the next steps.

1. What happens if you are caught with a gun without a permit in Maryland?

You may face criminal charges, which can include fines and possible jail time depending on the circumstances.

2. Can out-of-state gun permits be used in Maryland?

No. Maryland does not recognize out-of-state handgun permits.

3. Are all gun charges felonies?

No. Some gun offenses are misdemeanors, while others are felonies depending on the conduct involved.

4. Can a gun charge be dismissed?

Yes, in some cases charges may be reduced or dismissed based on evidence or constitutional issues.

5. Do first-time offenders face jail time?

It depends on the charge. Some first offenses still carry mandatory minimum penalties.

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