Maryland Concealed Weapon Charges

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Maryland is a bit more restrictive than other states when it comes to issuing a concealed weapons permit. The state may issue a permit to residents who can prove that they have a substantial need to carry a gun. This law remains controversial because the language does not specifically outline what a substantial reason is. Therefore, state police have the power to determine whether the applicant fits the necessary criteria. To obtain a permit, the individual must have evidence of threats or assaults against them. In addition, they must be able to provide three references from reputable citizens who have known them for over two years that are not a relative.

Maryland Weapons Laws

All applications for a concealed weapon must be made to the Secretary of State police. Individuals must be able to pass a criminal background check through the federal NICS database. Permits will be valid for a period of two years. Openly carrying a handgun is prohibited and those with a valid concealed weapons permit cannot carry a handgun while under the influence of drugs or alcohol.

A new bill has been introduced in the Maryland House and if passed, concealed carry permits issued by Delaware, Pennsylvania and Virginia would be valid in the state. The proposed legislation is currently up for review by the House Judiciary Committee.

Maryland Concealed Weapons Violations

Most misdemeanor offenses are punishable for less than a year in county jail. Maryland laws are different in how they classify their crimes. Some misdemeanors are punished as severely as felonies in other states. The penalties for concealed weapons violations are outlined below:

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

Can Be Charged As First or Second Degree Misdemeanor Offense

Carrying a “regulated firearm”, whether it’s concealed or not

 

Carrying a concealed weapon without a valid permit

30 days to 3 years in jail for first offense

 

1 to 10 years for second offense

 

A fine ranging from $250 to $2,500

Second Degree Misdemeanor Offense

Carrying a concealed firearm onto school or state grounds

90 days to 3 years in jail for first offense

 

3 to 10 years for second offense

Plea Options For Weapons Charges

A person could be facing serious jail time for illegally transporting a firearm in their vehicle without a permit. During the arraignment, the defendant is required to enter a plea of guilty, not guilty or nolo contendere (no contest), which is essentially the same as pleading guilty. A trial date will be set if the individual chooses to plead not guilty. If the prosecution’s case lacks hard evidence, a plea bargain may be offered, resulting in less jail time and a lower fine.

Legal Advice From a Maryland Criminal Defense Attorney

The State of Maryland takes weapons violations seriously. Anyone who has been arrested for a crime needs a defense attorney who understands how the system works. Criminal defense lawyers can advise their clients regarding possible legal options. Prosecutors are more inclined to offer a plea agreement when they are facing a skilled defense attorney.

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