Juvenile Firearm Possession Charges in Maryland: Legal Process and Defense Options

Gun possession laws in Maryland are stringent, and juveniles face particularly severe consequences when caught violating these laws. Understanding the legal process and how juvenile cases can sometimes be transferred from adult to juvenile court is essential for protecting your child’s future. This article discusses key firearm-related offenses juveniles may be charged with, Maryland’s gun laws, and how experienced attorneys can make a significant difference in the outcome of these cases.

Key Firearm Offenses for Juveniles in Maryland

Maryland law prohibits juveniles from possessing or transporting firearms in most circumstances. Two of the most relevant statutes governing firearm offenses for juveniles include MD Code, Criminal Law Section 4-203 AKA Wear, Carry, Transport a Handgun, and MD Code, Public Safety Section 5-133(b) that outlines firearm possession by a minor.

MD Code, Criminal Law Section 4-203: Wear/Carry/Transport

Under MD Code, Criminal Law Section 4-203, it is illegal for any individual, including juveniles, to wear, carry, or transport a handgun unless specific exceptions apply. This law covers both open and concealed carrying of handguns. It also applies to transportation in vehicles on public roads, highways, or school property.

The prohibitions under Section 4-203 include:

Wearing, carrying, or transporting a handgun (open or concealed) on your person.
Transporting a handgun in a vehicle on any public road, highway, or waterway.
Carrying a handgun on public school property, which carries enhanced penalties.
Carrying a loaded handgun.

Juveniles found in violation of Section 4-203 face serious consequences, which can include detention in a juvenile facility or, in some cases, being tried as an adult.

MD Code, Public Safety Section 5-133: Firearm Possession by Minors

In addition to Section 4-203, MD Code, Public Safety Section 5-133 restricts the possession of regulated firearms, including handguns, by individuals under 21 years of age. Juveniles under 18 are generally prohibited from possessing firearms unless specific exceptions, such as supervised activities like hunting or marksmanship training, apply.

Similar restrictions apply to shotguns and rifles under other sections of the Public Safety Article.

Juveniles Charged as Adults in Firearm Offenses

In Maryland, juveniles may be charged as adults for certain serious firearm-related offenses. The law provides for automatic adult jurisdiction for some crimes committed by juveniles 16 years or older, and in certain cases for juveniles as young as 14. Md. Code, Cts. & Jud. Proc. Section 3-8A-03 outlines when a juvenile may be tried as an adult and the circumstances in which their case may start in adult court.

When Can Juveniles Be Charged as Adults?

Juveniles 16 and older: If a juvenile aged 16 or older commits certain firearm-related offenses, such as violating MD Code, Criminal Law Section 4-203, they may be charged as adults. This includes cases where a juvenile is caught illegally possessing or transporting a handgun or using a firearm during the commission of a crime.
Juveniles 14 and older: For juveniles as young as 14, if the crime they are charged with is punishable by life imprisonment such as first-degree murder committed with a firearm, the case will automatically start in adult court.

Being charged as an adult carries significant consequences, including exposure to harsher penalties, the possibility of lengthy prison sentences, and a permanent criminal record.

Offenses That Can Lead to Adult Charges

Crimes of Violence: Under Md. Code, Cts. & Jud. Proc. Section 3-8A-03(a)(1)(ii), juveniles who commit violent crimes, such as robbery, assault with a deadly weapon, or the illegal use of a firearm, may be charged as adults. Violations of firearm laws under Section 4-203 and Section 5-133 fall under this category.

The Process of Moving a Case to Juvenile Court

While juveniles may initially be charged as adults, Maryland law allows for the possibility of transferring the case back to juvenile court through a transfer hearing. This process is critical for juveniles, as juvenile court focuses more on rehabilitation than punishment.

Transfer Hearings

Under Md. Code, Criminal Procedure Section 4-202, a defense attorney can file a motion for a transfer hearing to request that the case be moved from adult court to juvenile court. This must be done before the trial begins or before the juvenile enters a plea.

During the transfer hearing, the court evaluates whether it is in the best interest of the juvenile and society to handle the case in the juvenile system, which offers rehabilitative services and typically imposes less severe penalties.

Factors Considered in a Transfer Hearing

The court considers several key factors in determining whether a juvenile’s case should be transferred to juvenile court:

Age of the Juvenile: Younger juveniles, especially those closer to 16, may have a better chance of having their case transferred to juvenile court.
Mental and Physical Condition: The court assesses the juvenile’s mental and physical health and whether they can be rehabilitated.
Amenability to Treatment: The juvenile’s willingness and potential to benefit from the programs available in the juvenile justice system is a major consideration. This includes participation in counseling, educational programs, or rehabilitation services.
Nature of the Offense: Although the seriousness of the offense is considered, Maryland courts have recently shifted focus toward the juvenile’s potential for rehabilitation, rather than simply the gravity of the crime.
Public Safety: The court will evaluate whether moving the case to juvenile court poses any significant risks to public safety.

If the court determines by a preponderance of the evidence that it is in the juvenile’s best interest to move the case to juvenile court, the case will be transferred. The juvenile will then be subject to the more rehabilitative approach of juvenile court rather than the punitive measures of adult court.

Why Transferring a Case to Juvenile Court Is Crucial

Moving a juvenile’s case to juvenile court is a crucial step in securing a better outcome for the child. Juvenile court offers several advantages over adult court, including:

Less Severe Penalties: Juvenile court focuses on rehabilitation, which often involves probation, counseling, or time in a juvenile detention center rather than lengthy prison sentences. Juveniles tried in adult court face the possibility of harsher penalties, including long-term imprisonment.
Sealed Records: Juvenile court records are typically sealed, meaning that once the individual reaches adulthood, their criminal record is not available to the public. This can make a significant difference when applying for jobs, education, or housing in the future.
Rehabilitation Focus: Juvenile court emphasizes rehabilitation through services designed to help young offenders turn their lives around. These services can include mental health treatment, substance abuse programs, and educational opportunities.

By working with an experienced juvenile defense attorney, families can increase the likelihood of having the case transferred to juvenile court, where the focus is on providing the juvenile with the resources they need to reintegrate into society.

Firearm-Related Offenses and Adult Charges

Several firearm-related offenses can lead to juveniles being charged as adults. These offenses often involve illegal possession or use of firearms under Maryland’s strict gun laws.

Illegal Possession or Transportation of a Handgun: Juveniles caught violating MD Code, Criminal Law Section 4-203, such as carrying a handgun without a permit or transporting a loaded handgun in a vehicle, may be charged as adults.
Possession of a Firearm by a Minor: Under MD Code, Public Safety Section 5-133, juveniles under 18 are generally prohibited from possessing regulated firearms unless involved in supervised activities like hunting. Violations of this statute, particularly in combination with other offenses, can lead to adult charges.
Firearm Use in the Commission of a Crime: If a juvenile uses a firearm during the commission of a violent crime such as robbery or assault, they may automatically be charged in adult court due to the seriousness of the offense.

In all of these cases, experienced legal representation is crucial in seeking a transfer to juvenile court.

The Importance of Experienced Juvenile Defense Attorneys

Navigating the complex legal landscape of juvenile firearm offenses in Maryland requires the expertise of a skilled defense attorney. At FrizWoods, we understand the critical role that juvenile defense attorneys play in securing favorable outcomes for young clients.

Our team is experienced in:

Handling Transfer Hearings: We thoroughly prepare for transfer hearings by presenting evidence that demonstrates the juvenile’s capacity for rehabilitation and the benefits of juvenile court.
Protecting Juvenile Rights: We ensure that your child’s rights are protected throughout the legal process, whether they are charged in adult or juvenile court.

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