Salisbury Gun Lawyer
Although there is a Second Amendment right to bear arms under the United States Constitution, there are still laws in the state that set limits on that right. Specific laws make it illegal to carry a gun without a permit, in certain areas, or by certain individuals. Gun charges can carry strict penalties, such as lengthy prison sentences and high fines. Many of these cases are overcharged by police and prosecutors seeking to make a felony case out of simple mistake.
If you face charges related to guns, a Salisbury gun lawyer is here to help. You can defend your case and protect your constitutional rights. Seek help from a diligent criminal defense attorney as soon as possible.
Unlawful Possession of Firearms
Under state law it is illegal for certain people to own or possess a firearm at any time. This list includes:
- Convicted felons
- Fugitives
- Habitual drunkards
- Drug addicts
- Mental institution patients with a stay of thirty days or more
- People under twenty-one years of age
- A defendant convicted of a violent crime
In Maryland, many types of assault firearms, such as long guns, large-capacity magazines, and semi-automatic rifles are banned. Possession of these types of weapons may be the basis for harsh criminal penalties.
Firearms in Prohibited Locations
In certain locations, a person can lawfully own, possess and use a gun, but that right is not absolute and there can be locations in which that individual is prohibited from exercising their right These locations are considered specially protected, and are subject to stricter restrictions than other locations. This can include limitations on how a weapon may be transported in a vehicle, or the fact that weapons are not permitted as carry-on luggage on flights.
One location-based offense concerns firearms on school property. It is against the law to possess a firearm on school property, even if it is otherwise legal to carry the firearm with a permit. While certain people are permitted to carry on school property, such as law enforcement, the general public is not, even with a permit to carry.
Use of Gun in the Commission of a Crime
The most serious offenses involving guns involve the use of that weapon in the commission of another offense, particularly a felony or violent crime. Not only is a person being punished for wrongful possession of the weapon, the offense can be punished more harshly if the gun was involved in another illegal act. Offenses that involve the use of a gun are almost always considered felony offenses, which can carry severe penalties.
Examples of offenses that involve the use of a gun include, but are not limited to:
- Armed robbery
- Felony burglary
- Domestic violence
- Theft
- First degree assault
If a defendant faces criminal charges that also involve the use of a firearm, they need help from an experienced defense lawyer in Salisbury. The potential penalties are too severe not to take seriously.
Red Flag Laws
The state enacted red flag laws in 2018. These laws are intended to keep guns away from certain types of people thought to pose a danger to others around them and including themselves. Under the law, health care providers, family members, law enforcement, or social workers can file a petition with the court that seeks to deny a person the right to buy or possess a firearm. The petition must express that the person is exhibiting concerning behaviors that may pose a danger. A judge may issue a ban on a person from owning or possessing a firearm for up to a year in many cases.
Let a Gun Attorney in Salisbury Fight for You
Gun charges should not be taken lightly. These offenses can carry decades in prison, and fines up to $100,000 depending on the level of offense. An experienced Salisbury gun lawyer can fight to protect you and your rights. Call today.