Published on 12/12/2024, 3:07:00 PM
Possession of Firearms in Relation to CDS Offenses: CR 5-621(b)(1)
Maryland enforces strict laws regarding the possession of firearms in connection with controlled dangerous substances (CDS). Under CR 5-621(b)(1), individuals who possess a firearm while engaged in certain CDS-related activities face severe penalties. This law reflects Maryland's commitment to combating the intersection of drugs and firearm-related violence.
What Does CR 5-621(b)(1) Prohibit?
CR section 5-621(b)(1) criminalizes the possession of a firearm under the following conditions:
- While possessing a sufficient quantity of a controlled dangerous substance (CDS) to indicate an intent to distribute.
- While engaged in the manufacture, distribution, or dispensing of a CDS.
This statute applies to all CDS classifications, from highly dangerous substances like heroin and cocaine to unlawfully distributed prescription medications.
Penalties for Violating CR section 5-621(b)(1)
The consequences for violating this law are severe and often involve mandatory minimum sentencing:
- Imprisonment: Up to 20 years, with a mandatory minimum of 5 years if the firearm is proven to be in furtherance of the CDS-related activity.
- Fines: Substantial monetary penalties that can escalate based on the quantity and classification of the CDS.
- No Suspension or Parole: The mandatory minimum sentence cannot be suspended, and the offender is not eligible for parole during this period.
The law ensures that penalties for firearm possession are applied in addition to those for the underlying drug distribution offense, creating consecutive sentences.
What Counts as a Firearm?
Under Maryland law, a firearm is broadly defined to include:
- Handguns
- Rifles and shotguns
- Any weapon capable of expelling a projectile
Even unloaded or inoperable firearms can lead to charges under CR section 5-621(b)(1).
Defenses Against CR section 5-621(b)(1) Charges
While the penalties are stringent, defenses may be available depending on the circumstances. Common defenses include:
- Lack of Connection: Demonstrating that the firearm was not used or intended to further the CDS-related activity.
- Unlawful Search and Seizure: Evidence obtained during an illegal search may be excluded under the Fourth Amendment. Learn more about your rights regarding probable cause and unlawful search and seizure.
- Possession Without Knowledge: Proving that the accused was unaware of the firearm's presence or location.
Consulting an experienced criminal defense attorney is crucial to explore these or other applicable defenses.
Why This Law Matters
Firearms and drugs are a dangerous combination that often escalates violence in communities. Maryland's CR section 5-621(b)(1) aims to curb such threats by imposing harsh penalties for firearm possession tied to CDS offenses. These laws also serve as a warning to individuals involved in the drug trade about the additional risks of using or carrying firearms. For additional information on firearm offenses, see our related posts.
FAQs
Q: Does the firearm need to be loaded to violate CR section 5-621(b)(1)?
A: No, the firearm does not need to be loaded or operational. Possession of any firearm in connection with CDS activity is sufficient to face charges.
Q: Can CR section 5-621(b)(1) charges be combined with other offenses?
A: Yes, charges under this statute are typically filed alongside drug possession or distribution charges, and sentences for these offenses are served consecutively.
Q: What are the penalties for first-time offenders under this law?
A: First-time offenders still face the mandatory minimum of 5 years, with the potential for up to 20 years depending on the severity of the case.
Why You Need a Defense Attorney
Charges under CR section 5-621(b)(1) are serious and carry life-altering penalties. At FrizWoods, we specialize in defending clients against complex drug and firearm-related charges. Contact us today for a free consultation to protect your rights and craft a strong defense strategy.
