Gun Charges

If you are facing misdemeanor or felony firearm charges, an experienced lawyer from Nguyen Roche can help protect your freedoms.

Our criminal defense attorneys have helped many clients and their families through similar cases and look forward to standing up for your rights.

Gun Regulations in Maryland

Maryland courts take gun charges very seriously, even for seemingly minor infractions. For example, maryland residents must get their Handgun Qualification License (HQL) before buying, renting, or receiving a handgun as a gift. If handgun owners wish to carry their weapon in public, they must get a Handgun Wear and Carry Permit (HWCP) before leaving their residence with their handgun. An attorney could further detail the regulations involved in purchasing and owning a firearm.

Penalties and Legal Framework for Handgun Charges in Maryland

Maryland maintains some of the nation’s most stringent firearm regulations. Navigating the intersection of Second Amendment rights and state public safety mandates requires a granular understanding of how Maryland classifies offenses, specifically the distinction between misdemeanor carry violations and more severe felony charges. 

Recent legislative shifts, including the fallout from the Supreme Court’s Bruen decision and Maryland’s subsequent legislative response (Senate Bill 1), have significantly altered the landscape for gun owners and legal practitioners alike.

Misdemeanor Handgun Charges: Carrying and Transporting

In Maryland, the baseline charge for an individual found carrying, wearing, or transporting a handgun in public without a valid Wear and Carry Permit (WCP) is classified as a misdemeanor. While the term “misdemeanor” may sound less severe than a felony, Maryland’s sentencing guidelines for these offenses are robust and carry significant weight.

Statutory Penalties and Sentencing Tiers

Under Maryland Criminal Law § 4-203, the penalties for a first-time conviction of wearing, carrying, or transporting a handgun are structured to allow judicial discretion based on the circumstances of the arrest and the defendant’s prior record.

1. First Offense: An individual found in violation faces a sentence of 30 days to 5 years imprisonment. If the violation occurs on the property of a public or private school, the mandatory minimum increases to 90 days. Fines for a first-time misdemeanor carry charge range from a minimum of $250 to a maximum of $2,500.
2. Subsequent Offenses: The stakes escalate dramatically for repeat offenders. A second conviction carries a mandatory minimum sentence of 1 year and a maximum of 10 years. A third or subsequent conviction increases the mandatory minimum to 3 years. These mandatory minimums cannot be suspended when aggravating factors are present, such as the handgun being loaded at the time of the offense.
3. The “Probation Before Judgment” (PBJ) Factor: In many first-time misdemeanor cases, a skilled attorney may negotiate for a PBJ. This allows the defendant to avoid a formal conviction on their record if they successfully complete a term of probation. However, with handgun charges, prosecutors often resist PBJ offers if the weapon was loaded or if the individual was in a sensitive location. Note that PBJ is explicitly prohibited for certain firearm offenses, including use of a firearm in the commission of a crime of violence under § 4-204.

The “Sensitive Locations” Doctrine: Heightened Restrictions

Following the 2023 Gun Safety Act (SB1), Maryland significantly expanded the list of “sensitive locations” where carrying a firearm is prohibited, even for those who possess a valid Wear and Carry Permit. However, it is important to note that a federal district court has enjoined enforcement of several SB1 provisions, including the default ban on carrying in private buildings open to the public and the ban near demonstrations. This litigation remains ongoing, so the legal landscape continues to evolve.

Handguns are restricted in the following categories of public spaces under SB1:

• Educational Institutions: All public and private schools, including university campuses.
• Healthcare Facilities: Hospitals, mental health facilities, and residential treatment centers.
• Child Care Facilities: Nurseries, preschools, and registered family child care homes.
• Governmental and Civic Spaces: Government buildings, courthouses, and polling places during elections.
• Infrastructure and Utilities: Electric, natural gas, and nuclear power plants.
• Public Assemblies: Locations where demonstrations or permitted public gatherings are occurring (currently enjoined by the federal court).​
• Establishments Serving Alcohol: Bars, restaurants, and other locations licensed to sell or dispense alcohol for on-premises consumption.​
• Mass Transit: Public transit vehicles and facilities.​
• Recreation and Entertainment Venues: State parks, museums, casinos, racetracks, and amusement parks.​
• Private Property without Consent: Under SB1, a permit holder generally cannot carry a handgun onto private property unless the owner has given express permission or posted clear signage allowing firearms. However, as noted above, the default ban on private property open to the public has been enjoined by a federal court, and its enforceability is uncertain pending litigation

The penalties for carrying a weapon in these locations can be far more severe than a standard carry charge. Prosecutors frequently view the presence of a firearm in a school or hospital as an “inherent threat,” leading them to seek the maximum allowable jail time and opposing any requests for suspended sentences.

Felony Gun Charges in Maryland

While many carry violations begin as misdemeanors, specific aggravating factors will elevate a case to the level of a felony. Felony charges in Maryland carry a permanent “disqualified person” status, meaning the individual loses their right to possess any firearm for life under both state and federal law.

Grounds for Felony Classification

A Maryland resident or visitor is likely to face felony gun charges under the following circumstances:

1. Possession by a Disqualified Person: If an individual has a prior conviction for a “crime of violence” or a “serious drug offense,” possessing a firearm is a felony. Under Maryland Public Safety § 5-133, this carries a mandatory minimum sentence of 5 years without the possibility of parole.
2. Use of a Firearm in the Commission of a Crime: Using a handgun while committing a felony or a “crime of violence” (such as robbery, assault, or burglary) triggers a separate charge under Maryland Criminal Law § 4-204. Despite carrying a mandatory minimum of 5 years and a maximum of 20 years, this offense is technically classified as a misdemeanor under Maryland law, not a felony. The sentence must run consecutively to the primary offense’s sentence and cannot be suspended. Probation before judgment is not available for this charge.
3. Drug Trafficking and Firearms: The intersection of the “War on Drugs” and firearm legislation is prominent in Maryland. Being in possession of a firearm while engaged in the distribution or manufacture of controlled dangerous substances (CDS) is a felony that carries harsh mandatory minimums.
4. Illegal Sales and Trafficking: The unauthorized sale, transfer, or “straw purchasing” (buying a gun for someone who is legally prohibited from owning one) of handguns is a felony. Maryland has increased its focus on “ghost guns” (unserialized firearms), making the possession or sale of these untraceable weapons a high-priority felony target for state investigators.

Collateral Consequences and the Importance of Defense

The impact of a firearm conviction extends far beyond the walls of a courtroom or a jail cell. Because Maryland records are public, a handgun conviction — even a misdemeanor — can create a permanent barrier to success.

• Employment: Many employers, particularly those in the healthcare, education, or government sectors, have zero-tolerance policies for weapons-related convictions.
• Housing: Private landlords and public housing authorities often deny applications based on a criminal record involving firearms.
• Professional Licensing: Nurses, teachers, lawyers, and commercial drivers may face the suspension or revocation of their professional licenses following a conviction.
• Voting Rights: Since March 10, 2016, Maryland has restored voting rights to individuals with felony convictions immediately upon their release from incarceration. Individuals on probation or parole are eligible to vote. This is a significant change from prior law, which required completion of the entire sentence.
• Second Amendment Rights: A felony conviction results in the loss of the right to possess firearms under both federal law (18 U.S.C. § 922(g)) and Maryland law (Public Safety § 5-133).

Maryland Gun Charges: Frequently Asked Questions

1. What are the general penalties for carrying a handgun without a permit?

In Maryland, carrying a handgun without a valid permit is a misdemeanor. A first-time offender typically faces between thirty days and five years in prison, along with fines ranging from $250 to $2,500. The law applies to both open and concealed carry. Maryland is a “shall-issue” state, but strict training and background check requirements must be met before carrying.

2. Can I legally transport a firearm in my vehicle through Maryland?

Yes, but you must follow specific rules to avoid criminal charges. The firearm must be unloaded and stored in a case or holster. It should be kept in a separate compartment from the driver, such as the trunk. Ammunition must also be stored separately. Transport is generally limited to travel between your home, a gun range, or a repair shop.

3. What constitutes “unlawful possession” for a prohibited person?

Unlawful possession occurs when someone legally barred from owning a firearm—such as a convicted felon or someone with a disqualifying mental health history—is found with a gun. This is often charged as a felony. Convicted felons in possession of a regulated firearm face a mandatory minimum of five years in prison, and sentences can reach up to fifteen years total.

4. What are the consequences of using a handgun during a violent crime?

Using a handgun while committing a felony or crime of violence is a separate misdemeanor in Maryland. Conviction carries a mandatory minimum sentence of five years and a maximum of twenty years. This sentence is served in addition to any penalties for the underlying crime. Judges are generally prohibited from suspending the mandatory five-year minimum or granting parole during that time.

5. Are there special penalties for possessing a firearm on school property?

Possessing a firearm on public school property is strictly prohibited and carries severe enhancements. A first offense on school grounds results in a mandatory minimum of ninety days in jail. Subsequent offenses on school property can lead to much harsher sentences, potentially reaching up to ten years. These laws are designed to ensure maximum safety for students and educational faculty members.

6. Does Maryland recognize carry permits from other states?

No, Maryland does not have reciprocity agreements with other states. Even if you have a valid concealed carry permit from your home state, it is considered invalid once you cross Maryland borders. You must possess a Maryland Wear and Carry Permit to legally carry a handgun. Bringing a firearm into the state without following Maryland’s specific transport laws is illegal.

7. What is a “regulated firearm” under Maryland law?

A regulated firearm in Maryland includes all handguns and specific “assault weapons” listed by the state. These firearms are subject to stricter regulations regarding purchase, transfer, and possession. For example, buyers must obtain a Handgun Qualification License (HQL) before purchasing a handgun. Possession of an unregistered or prohibited assault weapon can lead to significant criminal charges and heavy potential fines.

8. What are the rules regarding firearms and alcohol or drugs?

It is illegal to wear, carry, or transport a handgun while under the influence of alcohol or drugs. Even if you possess a valid carry permit, being intoxicated while armed is a misdemeanor offense. Conviction can lead to the immediate revocation of your permit and potential jail time. Public safety laws strictly prohibit the mixing of firearms and intoxicating controlled substances.

9. Who is considered a “disqualified person” from owning a gun?

Disqualified individuals include those convicted of a felony, a crime of violence, or a misdemeanor with a sentence exceeding two years. People who are fugitives, habitual drunkards, or addicted to controlled substances are also barred. Furthermore, those who have been involuntarily committed to a mental health facility for more than thirty consecutive days are generally prohibited from possessing regulated firearms.

10. What is constructive possession in a firearm case?

Constructive possession means that while a gun isn’t physically on you, you have knowledge of it and the ability to control it. For instance, if a firearm is found in a shared vehicle or home, everyone present might face charges. Prosecutors use this to prove possession when the weapon is nearby. Defense attorneys often challenge this by proving a lack of knowledge.

11. Can a juvenile adjudication lead to adult gun charges?

Yes, if an individual under thirty was adjudicated delinquent as a juvenile for an act that would be a “disqualifying crime” if committed by an adult, they are prohibited from possessing a regulated firearm. Violating this law can result in serious felony charges in adult court. Maryland law tracks juvenile records specifically to prevent individuals with violent histories from legally obtaining firearms.

12. What are the penalties for a second handgun conviction?

Repeat offenders face significantly harsher penalties under Maryland law. A second conviction for wearing, carrying, or transporting a handgun carries a mandatory minimum sentence of one year, with a maximum of ten years. If the offense occurs on school property, the mandatory minimum increases to three years. These escalating penalties are intended to deter habitual violations of the state’s gun statutes.

Quality Legal Counsel Matters

A felony conviction is a life-changing event. A gun conviction will likely stay on an individual’s criminal record forever. Furthermore, felons are prohibited from owning and carrying guns for the rest of their lives. Those convicted may also have a hard time finding employment in their field of work, adopting children, voting, or pursuing professional licenses.

The families of those convicted often also suffer from the stigma associated with such serious crimes. Children of felons may be treated differently at school, and spouses could be mistreated at their place of work or worship. Contacting a skilled gun attorney is vital to protecting an individual’s personal rights and the well-being of their loved ones.

Call a Gun Attorney in Owings Mills Today

We at Nguyen Roche are prepared to proudly defend your rights and protect your livelihood, even if you are facing the most serious gun charges. We will fight diligently on your behalf to ensure the best possible outcome in court. Contact us today to get in touch with a gun lawyer who looks forward to hearing your side of the story.