Wheaton Gun Crime Attorneys

Helping You Fight Back Against Serious Criminal Penalties

Criminal cases involving possessing an illegal firearm or illegally possessing a firearm are popularly known as “gun cases.” Gun cases are treated very seriously and are vigorously prosecuted by the state of Maryland with the belief that incarcerating gun crime offenders prevents future violent offenses. As such, the penalties for these types of crimes are severe. A conviction for a firearm possession offense can result in a lifelong criminal record, loss of employment, and mandatory jail time.

If you have been charged with unlawful possession of a firearm or any other gun crime in Montgomery County, turn to the Wheaton gun crime defense attorneys at Portner & Shure, P.A. Our firm has been zealously defending those accused of serious gun-related charges throughout the area for more than 30 years. We know the law, and we know what is at stake. Most importantly, our attorneys are ready to fight tirelessly to protect your rights, your future, and your freedom.

Contact us now at (240) 233-2801 to request a free, confidential consultation with a member of our team.

Maryland Gun Law

The Second Amendment to The United States Constitution guarantees the right to keep and bear arms. This right is subject to regulation, particularly when it comes to handguns. Maryland law extensively regulates handgun ownership and possession.

Illegally Possessing A Handgun in Montgomery County, Maryland

One of the most common gun-related charges is illegal possession of a handgun. Pursuant to Criminal Code 4-203, a person is not permitted to “wear, carry, or transport a handgun, whether concealed or open” on their person or in a vehicle. Stated more clearly, this statute makes the possession of the weapon illegal. Obviously, there are exceptions for licensed gun owners and law enforcement. The main point is that this statute makes it a crime for an otherwise permitted but unlicensed individual to possess a handgun. A conviction for violating 4-203 can result in a sentence ranging from 30 days to 10 years. The penalties vary based on a person’s prior criminal record. Additionally, 4-203 carries mandatory minimums during which an individual is not eligible for parole.

A conviction for violating Criminal Code 4-203 ranges from 30 days to 10 years. The penalties vary based on a person’s prior criminal record. Additionally, a conviction carries mandatory minimums during which an individual is not eligible for parole.

A Prohibited Person Illegally Possessing A Handgun In Montgomery County, Maryland

The right to individual gun ownership is not absolute. This right can be lost under certain circumstances. Accordingly, certain individuals are deemed as disqualified from owning or possessing a firearm.

With regards to handguns, a person is disqualified from owning or possession one if:

• 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 a fugitive from justice

• Are subject to a protective order

A conviction for this offense carries a maximum penalty of 15 years with a 5-year minimum sentence. Parole is not permitted for during the first 5 years. Additionally, the 5-year minimum cannot be suspended.

Using a Gun During Crime of Violence

Using a gun during a crime of violence is an entirely separate offense. If a person is found guilty of using a gun during a crime of violence and they have a prior conviction for using a handgun during a crime of violence, the sentence is imposed consecutively to the sentence for the underlying violence offense.

Using a gun during a crime of violence carries a mandatory minimum sentence of 5 years that cannot be suspended. Additionally, during the five-year minimum period, parole is prohibited.

Defenses to Gun Charges in Wheaton, Maryland

Many gun cases rise or fall based on a Fourth Amendment argument. Depending on the facts of the case, illegally gathered evidence may be excluded. Along with this, in order to prove most possession crimes, the state must prove that the accused knew of or actually possessed the gun. Accordingly, an individual who is charged with weapons offense should retain the services of an effective Wheaton, Maryland firearm possession defense lawyer.

Why Hire Portner & Shure?

The experienced attorneys at Portner & Shure have been defending clients in gun cases in Montgomery County, Maryland for over 30 years. In addition to excellent reviews from prior clients, Portner & Shure’s reputation in the legal community can be seen with the numerous awards the attorneys have earned over 30 years of practice. The American Institute of Criminal Law Attorneys of 2020 recently recognized Portner & Shure, P.A. as one of Maryland’s “10 Best Law Firms”.

To schedule a free consultation regarding your Montgomery County gun case, contact us at (240) 233-2801 or contact us online.