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Illegal Possession of a Firearm in Maryland | PS 5-133(b)

Navigating the complex landscape of firearm laws in Maryland can be overwhelming, especially for those who might find themselves inadvertently on the wrong side of the law. Understanding what constitutes illegal possession of a firearm, the potential consequences of a violation, and the importance of skilled legal representation is crucial.

Understanding Firearm Restrictions in Maryland

Maryland's firearm regulations, outlined in Md. Code, Pub. Safety 5-133, are designed to promote public safety by restricting firearm possession under specific circumstances. The law plays a critical role in determining who is eligible to possess firearms and who isn't, based on various criteria.

Who Cannot Possess Firearms?

Under Section 5-133, certain individuals are prohibited from possessing regulated firearms. These include but are not limited to:

  • Individuals with Specific Criminal Convictions: This includes persons convicted of a disqualifying crime, such as a crime of violence or a felony.
  • People with Substance Abuse Issues: Those identified as habitual drunkards or addicted to controlled substances.
  • Mental Health Considerations: Individuals suffering from certain mental disorders with a history of violent behavior.
  • Protective Order Respondents: Persons against whom protective orders have been issued.
  • Juvenile Delinquents: Young individuals adjudicated delinquent for acts that would be a crime if committed by an adult.

Consequences of Illegal Possession

The penalties for violating firearm possession laws are severe. A person found guilty of illegal possession can face imprisonment of up to 5 years, a fine of up to $10,000, or both, with each violation treated as a separate crime.

The Importance of Legal Representation

Facing charges for illegal possession of a firearm in Maryland can have significant legal consequences. It's essential to have an experienced criminal defense attorney who understands the intricacies of Maryland's firearm laws and can provide the best possible defense.

How Can a Lawyer Help?

  • Navigating Complex Laws: An attorney can help interpret and navigate the complex firearm laws and regulations in Maryland.
  • Defense Strategies: Developing a robust defense strategy that considers all aspects of the case, including any potential violations of your rights.
  • Negotiating Plea Deals: In some cases, negotiating a plea deal might be the best course of action. A skilled lawyer can negotiate effectively on your behalf.
  • Trial Representation: If your case goes to trial, having a lawyer who is experienced in court can make a significant difference in the outcome.

Frequently Asked Questions

Q: What constitutes a "regulated firearm" in Maryland?
A: In Maryland, regulated firearms include handguns and certain specified assault weapons.

Q: Can I possess a firearm if I have a protective order against me?
A: Being a respondent in a protective order typically prohibits you from possessing a regulated firearm. Learn more about how protective orders affect firearm rights here.

Q: What should I do if I'm charged with illegal possession of a firearm?
A: If you're facing charges, it's crucial to seek legal advice immediately. Contact our experienced defense attorneys for a consultation.

Our Commitment to Your Defense

At FrizWoods, we understand the gravity of firearm charges and are committed to providing our clients with vigorous and knowledgeable legal representation. Whether it's navigating the legal system, fighting for your rights, or presenting your case in court, our team is dedicated to achieving the best possible outcome for you.

Read what our clients have to say about us on our reviews page.

Mitigating Factors and Legal Defenses

Facing firearm charges does not automatically lead to a conviction. There are several factors and defenses that can significantly impact your case:

Possible Defenses

  • Unlawful Search and Seizure: If the firearm was discovered during an illegal search, it might not be admissible in court.
  • Lack of Knowledge: Demonstrating that you were unaware of the firearm's presence or its legal status.
  • Ownership and Possession: Ownership of the firearm by another individual can be a significant factor.
  • Mental Capacity and Intent: Questions around intent and mental capacity can play a crucial role in your defense.

Navigating the Legal System

Navigating the legal system can be complex, especially when it comes to firearm laws. Our team at FrizWoods can guide you through each step of the process, ensuring that your rights are protected and your voice is heard.

Understanding Your Rights

Knowing your rights is crucial in any legal proceeding. Our attorneys can help you understand:

  • Your right to remain silent.
  • Your right to avoid self-incrimination.
  • Your right to legal representation.

Building a Strong Defense

Our approach to defending against firearm charges involves:

  • Thorough Case Analysis: We meticulously review every detail of your case.
  • Expert Witnesses: Utilizing expert testimony to challenge the prosecution's evidence.
  • Aggressive Advocacy: We tirelessly advocate for your rights and interests in court.

Why Choose FrizWoods?

Choosing the right legal representation can make all the difference in your case. Here's why our clients trust us:

  • Experience and Expertise: Our team has extensive experience in handling firearm-related cases.
  • Personalized Attention: We provide personalized attention to each case, understanding that every situation is unique.
  • Proven Track Record: Our track record speaks for itself. Check out our client testimonials for real-life success stories.

Contact Us Today

If you or a loved one is facing illegal possession of a firearm charges in Maryland, don't hesitate to reach out to us. Contact FrizWoods today for a consultation, and let us help you navigate these challenging times.