Maryland Weapons Charges
Weapons charges in Maryland cover far more than guns. A pocket knife clipped to your belt, brass knuckles in a glovebox, or pepper spray carried with the wrong intent can each produce a criminal case with jail exposure. This page maps out the weapons charges Maryland actually files, what each one carries, and where the defenses are. If your case involves a firearm, start with our dedicated gun charges hub and the Maryland gun laws overview.
Max Frizalone
Founding partner of FrizWoods LLC known for courtroom-first strategy and client-focused advocacy.
- Former Prince George's County State's Attorney and Maryland Public Defender.
- Handled serious cases including carjackings, attempted murder, armed robbery, and violent felonies.
- A thoroughly reviewed criminal lawyer with a track record of trial wins in high-stakes felony and misdemeanor cases.
Luke Woods
Veteran trial attorney with decades of criminal defense experience across Maryland courts.
- Over 20 years of experience in Maryland criminal courts
- Handled thousands of cases and 100+ trials.
- Extensive motion practice, jury/bench trials, and complex felony litigation.
The Main Weapons Charges in Maryland at a Glance
| Charge | Statute | Classification | Maximum penalty |
|---|---|---|---|
| Concealed dangerous weapon | CR Section 4-101(c)(1) | Misdemeanor | 3 years and/or $1,000 |
| Open carry of a dangerous weapon with intent to injure | CR Section 4-101(c)(2) | Misdemeanor | 3 years and/or $1,000 |
| Weapon on public school property | CR Section 4-102 | Misdemeanor | 3 years and/or $1,000 |
| Wear, carry, or transport a handgun | CR Section 4-203 | Misdemeanor | Up to 3 years first offense, with mandatory minimums in some scenarios |
| Firearm possession by a prohibited person | PS Section 5-133 | Varies | Up to 15 years, 5-year mandatory minimum for disqualifying priors |
| Firearm use in a crime of violence | CR Section 4-204 | Misdemeanor with felony-level exposure | 5-20 years, first 5 without parole |
Dangerous Weapons: CR Section 4-101
Maryland's core non-firearm weapons statute makes it a crime to:
- Wear or carry a dangerous weapon concealed on or about your person, or
- Wear or carry a dangerous weapon openly with the intent to injure someone in an unlawful manner. This version also covers chemical mace, pepper mace, and tear gas devices.
The statute lists examples of what counts as a "weapon": dirk knives, bowie knives, switchblades, star knives, sandclubs, metal knuckles, razors, and nunchaku. Notably, the statute says a handgun is dealt with separately, and a penknife without a switchblade is excluded entirely. That penknife exclusion is one of the most litigated defenses in these cases, because Maryland courts have read it to cover many ordinary folding knives.
Minors face an extra rule: carrying a dangerous weapon between an hour after sunset and an hour before sunrise is prohibited except in limited situations, like traveling to or from an organized activity.
A violation is a misdemeanor carrying up to 3 years and/or a $1,000 fine. Our guide to banned weapons in Maryland covers what you can and cannot legally carry, including pepper spray and tasers.
Weapons on School Property: CR Section 4-102
Carrying or possessing a firearm, knife, or deadly weapon of any kind on public school property is a separate misdemeanor carrying up to 3 years and/or $1,000. Two things make this charge more dangerous than it looks:
- It is close to strict liability in practice. A forgotten knife in a parent's car in the school pickup line generates real prosecutions.
- If the weapon is a handgun, sentencing happens under the handgun subtitle instead, which brings mandatory minimum exposure.
Firearm Charges
Gun cases have their own statutes, penalties, and defense playbook. The most common:
- Wear, carry, or transport a handgun under CR Section 4-203, including the handgun in a vehicle cases that follow traffic stops
- Felon in possession of a firearm under PS Section 5-133, which carries a 5-year mandatory minimum without parole for disqualifying priors
- Firearm use in a crime of violence under CR Section 4-204, with 5 years mandatory
- Ghost gun charges under PS Section 5-703
- First gun charge cases, where outcomes without convictions are realistic
How We Defend Weapons Charges
- The stop and the search. Most weapons cases start with a traffic stop or a street encounter. If the police lacked reasonable suspicion for the stop or probable cause for the search, the weapon gets suppressed and the case collapses.
- The item is not a "weapon." The penknife exclusion, tools of a trade, and items with legitimate purposes all fall outside CR Section 4-101 when carried as such.
- No concealment, no intent. The concealed version requires actual concealment; the open-carry version requires proven intent to injure. Both elements fail regularly.
- Possession problems. In cars and shared spaces, the State must connect the weapon to you specifically, not just to the vehicle.
Weapons Charges FAQs
What is a weapons charge?
Any criminal charge based on carrying, possessing, or using a weapon unlawfully. In Maryland, that ranges from carrying a concealed knife under CR Section 4-101 to using a firearm in a crime of violence under CR Section 4-204, with penalties from misdemeanor fines to decades of mandatory prison time.
Is carrying a knife illegal in Maryland?
Not automatically. A penknife without a switchblade is excluded from the dangerous weapon statute, and open carry is legal unless the State proves intent to injure. Concealed carry of listed weapons like switchblades, dirk knives, and metal knuckles is a misdemeanor carrying up to 3 years.
Can a weapons charge be dropped?
Frequently. Suppression of an unlawful search, the penknife exclusion, and failure to prove concealment or intent all produce dismissals. First offenders often resolve cases without a conviction on their record.
Is a weapons charge a felony in Maryland?
The core dangerous weapon and school property charges are misdemeanors. Firearm charges scale up quickly: possession by a prohibited person and firearm use in a crime of violence carry mandatory prison time, and repeat handgun offenses bring escalating minimums.
Charged With a Weapons Offense in Maryland?
The difference between a dismissed weapons charge and a conviction usually comes down to the legality of the search and the definition of the item you carried. Max Frizalone and Luke Woods litigate suppression motions and weapons definitions across Maryland's courts. Contact us for a free 24/7 consultation.