Frederick County Gun Lawyer
Maryland’s legislature and courts have strictly limited the ability of otherwise law-abiding citizens to own certain firearms. Even to simply purchase and possess these items, individuals must obtain permission from the State. Any failure to obtain this license or the possession of any per se illegal firearm could be a criminal offense.
Using a firearm to help commit any criminal offense may be seen as an aggravating factor. Making matters worse, using any firearm to commit a crime is a new offense in and of itself.
A Frederick County gun lawyer could help individuals to understand their rights under the law to legally possess firearms. A knowledgeable criminal attorney may be able to refute a prosecutor’s charges that a defendant used a firearm to commit a crime.
Rules Concerning Firearm Ownership in Maryland
Maryland has some of the most restrictive laws concerning handgun ownership in the country. According to Maryland Criminal Law Code §4-203, police are allowed to assume that any person found with possession of a handgun in public, either concealed or not, possesses that item illegally.
To properly carry a handgun, individuals must apply for a permit with the State. Any failure to adhere to this rule could be a criminal offense that carries a mandatory minimum prison sentence of 30 days and might lead to a sentence of up to three years.
It is never legal to possess, sell, or transfer assault long guns, assault pistols, and semi-automatic rifles or shotguns. Maryland Criminal Law Code §4-303 states that a conviction is a misdemeanor with a maximum sentence of three years in jail and a fine of up to $5,000.
Using a Firearm to Help Commit a Crime
While simply possessing some types of firearms is illegal, others could be held legally. Even a legally possessed gun may be the subject of alleged criminal activity. A permit holding handgun user could be just as liable for their actions if they use that gun to commit a robbery as a person who uses an illegal handgun to do so.
Using a firearm to help commit a crime could be an aggravating factor in every case. While committing an assault without the use of a firearm is a misdemeanor offense, Maryland’s assault laws state that using a firearm to help commit an assault automatically upgrades the charge to a felony even if the firearm is never fired. A Frederick County gun lawyer could help a person understand how these laws affect their case.
Holding a Firearm
Simply holding a firearm to help commit any criminal offense is a new charge on its own. According to Maryland Criminal Law Code §4-204, any conviction for a criminal charge involving the use of a firearm requires a court to sentence a defendant to at least five years in prison on top of any penalty imposed for the underlying charge.
A gun lawyer could help defendants in Frederick County refute both the underlying criminal charges and the idea that a firearm was present at the scene.
How a Frederick County Gun Attorney Could Help
While the right to own a firearm is protected by the United States Constitution, Maryland is one state that has chosen to limit those rights. This includes limiting the type of gun that a person could legally own. The use of a firearm to commit a criminal offense is also classified as an aggravating factor where a conviction requires a mandatory prison sentence.
A Frederick County gun lawyer may be able to help you address any firearm charges. They work to protect the rights of legal gun owners and to refute allegations of illegal gun use. This could includes the idea that a firearm of any sort was used to help commit a crime. Contact a lawyer today to see how they could stand up for your rights in court.