Montgomery County Gun Lawyer
The landscape of gun laws in Montgomery County can be difficult to navigate. A firearm-related criminal charge could have serious consequences, however, there is help available. If you are charged with a gun-related offense or have questions concerning the sale or possession of a firearm in contact a seasoned criminal attorney. A Montgomery County gun lawyer may be able to provide you with valuable legal guidance.
Carrying a Handgun
It is generally a crime in Maryland to carry or transport a handgun in public without a license. It is permissible under Montgomery County law, however, for an unlicensed person to carry a firearm in the following circumstances:
- On one’s own property
- On private property with the permission of the owner
- In connection with target shooting or hunting
- While transporting the gun to a place of bona fide sale or repair
The unlicensed carrying of a handgun in Montgomery County is a misdemeanor and is punishable by a minimum 30 days in jail and up to three years in prison. Furthermore, a minimum fine of $250 will be imposed, with a maximum possible fine of up to $2,500. A second conviction carries a minimum penalty of one year in jail and up to ten years in prison.
If the unlawful carrying of a handgun takes place on the grounds of a public school, the minimum sentence will be increased to 90 days. A second conviction under these circumstances will result in a minimum sentence of three years and a maximum term of ten years in state prison. For more information, get in contact with a MoCo gun lawyer today.
Obtaining a Handgun Permit
According to §5-306 of the 2015 Maryland Code, a person is eligible for a handgun permit if they:
- Are over the age of 21
- Have not been convicted of a felony
- Have not been convicted of a crime involving a dangerous controlled substance
- Are not addicted to or prescribed to a dangerous controlled substance
- Complete 16 hours of firearm approved the related instruction
Firearms which are not considered handguns, such as unmodified rifles and shotguns, can be purchased and carried in some situations without a permit. Typically, it is possible to purchase guns of this category in stores or at a gun show. A Montgomery County gun lawyer could provide more information about long-arms.
Court-Ordered Forfeiture of Firearms
It is possible for the court to require an individual to forfeit their firearms. Failure to do so could result in very serious repercussions. The court will typically revoke a person’s right to possess a firearm if:
- They are convicted of a violent crime
- They are convicted of a domestic violence crime
- They are convicted of a felony
- They are involuntarily committed to a mental institution
Assault Weapons Restriction
The Firearms Safety Act of 2013 makes it illegal to possess certain long-arms in the state of Maryland deemed to be assault weapons. These include weapons with certain features such as folding stocks, flash suppressors, and other modifications. This act also bans high capacity magazines in both handguns and long-arms. High capacity for the purposes of this law is any magazine which can hold more than 10 rounds.
The Firearms Safety Act also bans certain specific weapons, including AK-47 in all forms, AR 100 type semi-auto, and AR 180 type semi-auto.
The assault weapon restriction does not apply to weapons which were lawfully owned before 2013. That is, the law did not create the power to take away lawfully owned rifles. It did, however, prevent the further purchase or sale of certain rifles and magazines, as well as restrict certain further modifications of lawfully owned firearms.
Talk to a Montgomery County Gun Attorney
A firearm charge could result in serious consequences. At times, it can be difficult to know if you are acting lawfully when transporting or carrying a firearm. A slight misunderstanding of the law can lead fines and jail time.
If you are charged with a firearm offense, the first thing to do is contact a Montgomery County gun lawyer. Additionally, if you have any questions related to firearms law, do not risk the potential repercussions of not knowing the law. Call today to learn more.