The United States Constitution guarantees the rights of citizens to use and bear firearms. Despite this fact, Rockville is in a state with some of the most restrictive gun control laws anywhere in the country. These laws control who may possess firearms, which types of firearms they can use, and when the use of these weapons is appropriate.
It is not surprising that many people appear to run afoul of these regulations. The resulting criminal charges can carry harsh penalties and limit a person’s right to own a gun in the future. In some situations, a conviction can even carry a mandatory minimum prison sentence.
A Rockville gun lawyer is prepared to protect your rights to possess firearms. An experienced attorney could work to explain the State’s gun regulations and to shield you against allegations of wrongdoing in court.
For decades, Rockville and the rest of the state have had among the harshest gun control policies in the nation. These laws prohibit every person from possessing certain types of guns and control where they may take legal firearms.
Many types of firearms are illegal by their very nature. For instance, Maryland Criminal Law Code Annotated §4-303 is the State’s assault weapons ban. This statute makes it illegal to own an assault weapon, defined as weapons that can operate on a semi-automatic fire system with a magazine that carries ten or more rounds. Limited exceptions to this rule do exist, but for the most part, ownership is automatically illegal.
Other weapons are only legal to own under limited circumstances. The most visible example of this concerns handguns. Md. Criminal Law Code Ann. §4-203 says that a handgun is presumably illegal under State law. However, people may obtain a license to carry though the State’s licensure program.
Lastly, a person’s criminal record or history of mental health may also limit legal gun ownership. Convicted felons can never own a firearm. Neither can people with a documented drug addiction or history of mental health concerns. Finally, a restraining order or other protective court measures can require a subject to turn over their firearms for the length of the order. A Rockville gun attorney could help to ensure the legal ownership of firearms.
Of course, improper ownership of a firearm is not the only way that a defendant may appear to violate the law. Even if a gun owner has the proper license to own a gun, their use of that weapon may be illegal.
In many cases, the presence of a firearm is an aggravating factor. The simplest example involves allegations of assault. On their own, assaults are misdemeanors where a conviction is unlikely to result in jail time. However, the presence of a gun at the scene will result in the charge becoming a felony. Similar enhanced sentencing rules can apply to burglaries, robberies, and drug deals that include a gun.
In addition to the enhanced penalties available to prosecutors, merely having a gun at the scene of a crime is a charge on its own. Md. Criminal Law Code Ann. §4-204 is a statute that mandates a court to add an additional mandatory five-year prison sentence onto a criminal conviction for an offense that involved the use of a firearm. A Rockville firearm attorney could help to promote powerful defenses in court against allegations of illegal gun use.
If you are facing allegations of violating Rockville’s gun laws, it is understandable to be frightened and confused. These laws control who may own a gun, what type of gun they may own, and what they may do with it. It is not surprising that many allegations of wrongdoing are simple misunderstandings.
Of course, other cases may not be this simple. The law severely punishes people who use a firearm in an illegal way or who use a gun to commit a crime. Here, the consequences are life changing.
Contact a Rockville gun lawyer today to get essential help. A lawyer can work to explain the law and evaluate the strength of the prosecutor’s case. With this information, they can help to defend your rights and create reasonable doubt that defeats a prosecutor’s case.
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