Baltimore Gun Defense Lawyer
Defend Your 2nd Amendment Rights When They’re Threatened
Firearm-related criminal offenses, more commonly known as “gun cases,” are harshly prosecuted by the Office of The State’s Attorney for Baltimore City. Police and prosecutors view gun cases as an opportunity to prevent future homicides, even if there is no evidence to suggest that crimes are deterred by harsh sentencing.
Legal representation by experienced Baltimore, Maryland gun and firearm possession defense lawyer can be the difference between freedom or a mandatory prison sentence for you or a loved one. The criminal defense attorneys at Portner & Shure, P.A. can fight the State of Maryland to obtain the best outcome possible for you.
To speak with a criminal defense attorney regarding your Baltimore City gun case, contact us at (855) 954-4141 or contact us online.
Ownership of firearms, including handguns, is an individual right in the United States. Maryland State law, however, regulates the illegal carrying of a legal handgun. Specifically, Maryland Criminal Code 4-203 makes its crime for an individual to “wear, carry, or transport a handgun, whether concealed or open” on their person or in a vehicle. Stated more clearly, under 4-203, a person can legally own a handgun however they are penalized for carrying the gun in public without a permit.
A conviction for violation 4-203 carries potential penalties ranging from 30 days in jail to 10 years in prison. Additionally, 4-203 carries mandatory minimum prison sentences during which an individual is not eligible for parole. The potential penalties depend on an individual’s prior criminal record.
Possession of a Handgun by a Prohibited Person Charges
Maryland State law prohibits certain people from possessing a handgun or firearm. Specifically, Maryland law prohibits certain people from possessing a firearm due to a disqualifying condition.
Pursuant to Maryland Public Safety Article 5-133, restricted people are those who:
- Are under 21 years of age.
- Have been diagnosed with certain mental health disorders.
- Have been convicted of a disqualifying offense (anything classified as a felony or any crime that carries a penalty of more than two years).
- Have been previously found to be “not criminally responsible” at trial for a criminal offense.
- Are fugitives from justice.
- Are subject to a protective order.
- Are otherwise prohibited from possessing a firearm.
A conviction for violating 5-133 carries a potential penalty of 15 years in prison. Additionally, 5-133 carries a 5-year mandatory minimum prison sentence that cannot be suspended and during which an individual is not eligible for parole.
Using a Gun During Crime of Violence Charges
If an individual is accused of using a handgun during a crime of violence, Maryland Criminal Code 4-204 makes the use of the gun a separate offense from the underlying crime of violence. A conviction for violating 4-204 carries a potential penalty of 20 years in prison. 4-204 also imposes a 5-year mandatory minimum prison sentence during which an individual is not eligible for parole. Additionally, a prior conviction for violating 4-204 requires that any sentence for a new conviction of 4-204 be imposed consecutively to the sentence for the crime of violence.
Defenses to Gun Charges in Maryland
The Office of the State's Attorney for Baltimore City uses a harsh approach in gun cases. Stated simply, they view prosecuting gun cases as a way of preventing future homicides. Nonetheless, they are constitutionally required to prove an individual’s guilt beyond a reasonable doubt.
Gun cases often depend on the prosecution providing sufficient evidence that a person had actual knowledge or actual possession of a gun. A review of the evidence may reveal that the prosecution lacks sufficient evidence to prove knowledge or possession. Additionally, a review of the evidence may reveal a Fourth Amendment violation by the Baltimore Police. Stated more clearly, evidence gathered by the police may have been obtained illegally.
Why Hire Portner & Shure, P.A.?
An individual facing a gun charge requires zealous legal representation. A Baltimore, Maryland gun and firearm possession defense lawyer can work with you to build an effective defense. The gun crime lawyers at Portner & Shure, P.A. have spent 25 years successfully defending gun cases in Baltimore City. We serve all of Maryland’s communities including Maryland’s Vietnamese, Chinese (Mandarin and Cantonese), Korean, and Hispanic communities.
To schedule a free consultation regarding your Baltimore gun case, contact us at (855) 954-4141 or contact us online.