Illegal Possession of a Firearm in Maryland | PS 5-133(b)
Maryland's firearm laws are strict, and it's easy to end up on the wrong side of them without meaning to. This page explains what counts as illegal possession of a firearm under Section 5-133(b), the penalties you face, and how a defense lawyer can fight the charge.
Understanding Firearm Restrictions in Maryland
Maryland's firearm rules live in Md. Code, Public Safety Section 5-133. The statute bars certain people from having a regulated firearm based on their record and history.
Who Cannot Possess Firearms?
Under Maryland Public Safety Article 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
A conviction for illegal possession carries real prison time, so the lawyer you hire matters. An experienced criminal defense attorney who knows Maryland's firearm laws can find the weak points in the State's case.
How Can a Lawyer Help?
- Read the statute against your facts: figure out whether the State can prove every element under Section 5-133.
- Build a defense: look at the stop, the search, and whether you knew the gun was there.
- Negotiate: where a plea makes sense, work the prosecutor for a better result.
- Try the case: if it goes to trial, put on a real defense in court.
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 take firearm charges seriously and defend them hard, from the first hearing through trial.
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: Intent and mental capacity can matter to your defense.
Navigating the Legal System
Firearm cases move through the system fast. Our team at FrizWoods walks you through each step and protects your rights along the way.
Understanding Your Rights
Your rights drive the whole case. Our attorneys make sure 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 review every detail of your case.
- Expert Witnesses: We use expert testimony to challenge the prosecution's evidence.
- Aggressive Advocacy: We fight 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: Our team has handled many firearm cases in Maryland courts.
- Personalized Attention: We treat every case as its own; no two situations are alike.
- Results: See our client testimonials for real outcomes.
Contact Us Today
If you or a loved one is facing illegal possession of a firearm charges in Maryland, reach out. Contact FrizWoods today for a consultation.