Maryland’s gun laws are among the most strict when it comes to handgun possession in the United States. Within the Bill of Rights, U.S Citizens were granted the right to bear arms. Those who have been convicted of a felony can be legally prohibited from possessing or owning firearms and other weapons.
Under Maryland law, someone is disqualified from possessing a handgun if he or she has been convicted of a felony, a crime of violence, or a statutory misdemeanor, that carries a maximum penalty of more than 2 years. Depending on the specific crime, the statute may carry a mandatory penalty of five years in prison that may not be suspended and must be served without parole.
Felon Possession of a Weapon Attorney In Baltimore MD
It is important that those facing criminal accusations in Baltimore, Anne Arundel, Howard, and Harford counties retain an aggressive defense counsel as soon as possible. The attorneys of James E. Crawford, Jr. & Associates have many years of experience representing clients charged with weapon and firearm crimes throughout the State of Maryland.
For your convenience James E. Crawford, Jr. & Associates has two offices located in Baltimore and Catonsville, Maryland. Call the criminal defense attorneys of James E. Crawford, Jr. & Associates at 443-709-9999 today.
Felon Possession of Firearm Elements
Under Maryland’s Public Safety Code § 5-133, a person may not possess a regulated firearm if the person:
- has been convicted of a disqualifying crime;
- has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;
- has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health – General Article, unless the person has a physician’s certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;
- is a habitual drunkard;
- a crime of violence;
- suffers from a mental disorder as defined in § 10-101(f)(2) of the Health – General Article and has a history of violent behavior against the person or another, unless the person has a physician’s certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;
- is addicted to a controlled dangerous substance or is a habitual user;
- If under the age of 30 years at the time of possession, has been found guilty by a juvenile court for an act that would be a disqualifying crime if committed by an adult.
- is a fugitive from justice; or
- is a respondent against whom a current non-ex parte civil protective order has been entered under § 4-506 of the Family Law Article.
Penalties for Possession of a Weapon by a Felon
A person who violates Section § 5-133 of the Maryland Public Safety Statutes may be found guilty of committing a felony and faces a penalty of imprisonment of no less than 5 years and no more than 15 years, no part of which may be suspended.
Second Amendment Right to Bear Arms
The Second Amendment may state that a person’s right to keep and bear arms shall not be infringed, but the United States Supreme Court has ruled that this right is not unlimited and does not prevent federal, state, or local laws from prohibiting convicted felons from possessing firearms or weapons.
A person who has been charged with being a convicted felon in possession of a firearm or weapon does not have other legal defenses. In fact, he or she may have multiple defenses that could possibly include any of the following:
- the alleged offender did not knowingly possess weapon or firearm;
- alleged offender only possessed firearm or weapon in a moment of necessary self-defense or while taking it from an individual committing a crime;
- weapon or firearm was discovered through an illegal search and seizure;
- insufficient evidence that alleged offender actually possessed firearm or weapon; or
- Texas Board of Pardons and Paroles restored alleged offender’s firearm rights.
Find A Possession of a Weapon by a Felon Lawyer in Baltimore, MD
If you are a felon and have been arrested for possessing a weapon in Baltimore, Anne Arundel, Howard, or Harford, Maryland, it is important you speak with the lawyers of James E. Crawford, Jr. & Associates as soon as possible. Our attorneys fight to protect the rights of every client and strive to achieve a favorable outcome of each case.
James E. Crawford, Jr. & Associates helps clients in Baltimore, Arbutus, Catonsville, and Annapolis, MD who find themselves facing criminal accusations.
Call James E. Crawford, Jr. & Associates at 443-709-9999 today to set up a free consultation.