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CR 4-203 | Wear Carry Transport Handgun Maryland: Know Your Rights and Defenses

Imagine you’re on your way back from dinner after the shooting range, your range bag holds your legally purchased handgun stored in its case. You’ve done this countless times, but today, you’re pulled over, and suddenly, you’re charged with a “wear, carry, or transport handgun” violation.

Maryland’s handgun laws are intricate and often misunderstood. For the unsuspecting citizen, a misstep can lead to unforeseen consequences. This is where FrizWoods LLC steps in, ensuring that your rights are upheld and your defense is solid.

The Basics of Maryland’s Handgun Laws

Under Maryland Criminal law, a person may not:

• wear, carry, or transport a handgun, whether concealed or open, on or about the person;
• wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public,
  highway, waterway, or airway of the State

Understanding “Wear, Carry, Transport”

In Maryland law, each term holds significant legal implications. To figure out the meaning of each word, we should look to the highest Court in the United States, The US Supreme Court. The Supreme Court discussed the meaning of words like wear and carry in their opinion, Muscarello v. United States.

In that case the Supreme Court held that the word carry even applies to a person with a gun in the locked glove compartment or trunk of a car that they were in.

• Wear: Having the handgun on your person.
• Carry: Having the handgun in your control, for instance, in a bag or briefcase, or even in a locked glove compartment.
• Transport: Moving the handgun from one location to another.

CR 4-203(A)(1)(V) | Loaded Handgun on Person | Loaded Handgun in Vehicle

Maryland has enhanced penalties for persons charged with carrying or transporting a loaded firearm. If a person is caught carrying a loaded firearm, and has a previous firearm transportation conviction or dangerous weapon conviction, they may face a mandatory sentence that cannot be suspended.

Additionally, Courts may hold that a loaded handgun is inherintly more dangerous, and should be subject to a harsher penalty than a typical firearm transportation offense.

Where can I take my gun legally in Maryland without a carry license?

There are limtied exceptions to the wear carry laws in Maryland. Some common exceptions include:

1. Transporting an unloaded firearm used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting
2. Transporting an unloaded firearm to and from a place of purchase or sale
3. Transporting an unloaded firearm to and from a repair shop
4. Transporting an unloaded firearm between residences of a person
5. Transporting an unloaded firearm between a residence and a place of business owned by a person
6. Carrying or transporting a firearm on land owned or leased by a person
7. Transporting an unloaded handgun for surrender of a firearm

Common Misconceptions

Many believe that it’s always legal to transport a lawfully owned handgun without a permit in Maryland. Unfortunately, the law is more nuanced, and such misconceptions can lead to legal issues.

The Consequences of a Violation

A violation could result in hefty fines, potential imprisonment of up to five years, and a lasting criminal record that could shadow you for years.

Implications for Gun Ownership

Conviction can jeopardize your rights to future legal firearm ownership, possibly preventing future handgun purchases or even leading to the confiscation of firearms you already own.

Navigating Your Defense with FrizWoods LLC

Our Expertise in Handgun Charges

FrizWoods LLC isn’t just another law firm; we specialize in Maryland handgun charges, armed with extensive experience and an unparalleled understanding of the legal intricacies. Want to know how to beat a gun case? Contact us to speak about your case.

How We Build a Strong Defense

Our defense strategies often hinge on questioning the legality of the stop or the subsequent search. Was there probable cause? Were your rights as an individual respected? These are the questions that a criminal defense attorney might pose a Court.

Know Your Rights

Transporting Handguns Safely and Legally

Transporting a handgun legally in Maryland can only be done with a handgun carrying and transportation license. Otherwise, a handgun cannot be transported anywhere besides the limited exceptions to Maryland’s carrying laws.

Your Rights When Stopped by Law Enforcement

Remember, you have the right to remain silent. Be respectful but firm. It’s crucial to know your rights and, if unsure, to consult with an attorney before making any statements.

Why Choose FrizWoods LLC?

Proven Track Record

Our successes are not just stories; they’re backed by outcomes, tangible results in the realm of handgun-related defenses.

Tailored Defense Strategy

Every case is unique. At FrizWoods, we delve deep into the specifics of your situation, ensuring your defense strategy isn’t just robust; it’s personalized.

Speak with a Criminal Defense Lawyer today

Facing handgun charges in Maryland? Time is of the essence. Secure your defense now with FrizWoods LLC and ensure your rights are protected. Every moment counts. Contact us today.

Frequently Asked Questions in Maryland Gun Cases

1. When did Maryland’s wear carry transport penalty changes?

Effective October 1, 2023, Maryland’s new gun laws take effect. These changes include an increase from a three year maximum penalty to a five year maximum penalty for a wear carry offense.

2. Where can I take my gun in Maryland without a carry license?

In Maryland, if you own a handgun but don�t have a wear, carry, or transport permit, your movements with the firearm are restricted. However, there are certain places you’re allowed to transport it:

1. To and From Gun Dealerships: You can transport your gun to and from places where you�re selling or buying them, such as gun dealerships or gun shows.

2. Between Residences: If you’re moving or wish to transport your handgun between homes you own, you can do so without a permit.

3. To and From a Repair Shop: If your gun needs servicing or repair, you can transport it to a repair shop and back.

4. Gun Ranges: You can take your gun to a shooting range for practice, training, or recreational shooting.

5. Organized Military Activities & Hunting: If you’re participating in an organized military activity, target shoot, or hunting, you can transport your firearm. However, for hunting, ensure you have the necessary permits.

Remember, when transporting your firearm in any of the situations above, ensure it�s unloaded and stored safely, preferably in the trunk or a secure container, separate from ammunition.

3. Are Maryland Gun Laws constitutional?

This is a hot-button topic. The Second Amendment of the U.S. Constitution ensures the right of citizens to bear arms. However, individual states have the right to impose regulations to promote public safety. Maryland has historically had stricter gun laws compared to many other states, and this has lead to previous and pending challenges of Maryland law.

While there have been challenges to Maryland’s gun laws alleging they infringe on Second Amendment rights, there is no final judgment that states they are unconsitutional. Currently there are ongoing challenges to Maryland’s firearm laws, which might infringe upon the Second Amendment under cases like New York State Rifle & Pistol Assn., Inc. v. Bruen. Maryland’s Supreme Court is awaiting the outcome of United States v. Rahimi before it rules on the most recent challenge to Public Safety Article 5-133(b).

4. Will I go to jail for my gun case?

The possibility of jail time after a gun charge in Maryland largely depends on the specifics of the case. Factors include:

• Nature of the Offense: Violations like possession of a firearm with a felony conviction, or possession in connection with drug trafficking, carry severe penalties.

• Previous Criminal Record: First-time offenders might receive more lenient sentences compared to repeat offenders.

• Location of the Arrest: Possession of a firearm in places like school zones might result in heightened penalties.

• Type of Firearm: Illegal firearms or ghost guns might attract steeper punishments.

While jail time is a possibility, the expertise of your defense can play a significant role in the outcome. A skilled lawyer can negotiate for lesser penalties or even dismissal in some cases.

5. How Do I Find the Best Gun Lawyer for My Case?

Finding the best gun lawyer is paramount in ensuring a strong defense. Here’s a guide:

1. Experience: Look for attorneys with a track record in gun-related cases. Their experience in this niche is invaluable.

2. Client Reviews: Websites like the FrizWoods’ Reviews Page offer insights into past client experiences.

3. Consultations: Meet potential lawyers. Gauge their expertise, approach, and determine if they’re a good fit.

4. Local Knowledge: Laws can vary by county. An attorney familiar with local courts, judges, and prosecutors can be advantageous.

5. Fee Structure: Understand their fees. Some charge flat rates, while others might have hourly rates.

6. Ask Questions: Don’t hesitate to ask about their past cases, success rates, and defense strategies.

With the right attorney, like those at FrizWoods LLC, you stand a better chance at navigating the complex legal waters of gun-related charges in Maryland.