HomeCategoryWeapon Charges Archives - The Law Offices of Haskell & Dyer

The Lautenberg Amendment, codified at 18 U.S.C. § 922(g)(9), prohibits any person convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition for life. A Maryland second degree assault conviction involving an alleged victim within the federal relationship definition can trigger the prohibition automatically, and even a Probation Before Judgment disposition may qualify. This guide walks through the statutory trigger, the PBJ question, who is most affected in St. Mary's County, and the defense strategies that address both the criminal exposure and the federal firearm consequence.

Maryland's use of firearm in crime of violence statute, Criminal Law § 4-204, imposes a separate consecutive mandatory minimum sentence on top of the underlying conviction. The five year minimum cannot be suspended, and the sentence stacks rather than running concurrently. This guide walks through the qualifying underlying offenses, the use element that the State must prove, and the defense strategies that focus on attacking the use question or negotiating the enhancement out of the disposition entirely.

A handgun discovered during a Route 235 traffic stop in St. Mary's County turns a routine ticket into a Maryland weapons prosecution under Criminal Law § 4-203, with mandatory minimum incarceration on the table. This guide walks through the lawfulness of the stop, the bases for vehicle searches, what to say when the firearm is discovered, the transport exceptions that can defeat the charge, and the suppression motion that often ends the case before trial.

Hunting culture in rural St. Mary's County moves firearms across the county roads thousands of times each season. The legal framework that governs that movement is detailed and unforgiving. The transport exceptions in Criminal Law § 4-203 require unloaded firearms, separate ammunition storage, direct routes, and minimal deviation. This guide walks through the lawful transport rules for handguns and long guns, the routine stop pattern that produces most cases, the documentation that supports the defense, and the separate category of cases involving possession by a prohibited hunter.

The Supreme Court's 2022 decision in New York State Rifle and Pistol Association v. Bruen forced Maryland to abandon its old "good and substantial reason" requirement for carry permits. Maryland is now a shall issue state, but the General Assembly's 2023 Gun Safety Act defined an extensive list of sensitive places where carry remains prohibited even by permit holders. This guide walks through the application process, what the permit authorizes, the sensitive places framework, reciprocity issues, and the cases where the permit is not a defense.

A weapons case that originates inside the gates of Naval Air Station Patuxent River is a federal case, prosecuted before a magistrate judge in Greenbelt rather than a Maryland judge in Leonardtown. The procedure, the prosecutor, the sentencing matrix, and the collateral consequences all differ. This guide walks through the federal forum, the substantive law that applies on the installation, the procedural differences from Maryland practice, and the severe collateral effects on security clearances, base access, and military discipline that often run faster than the criminal case itself.

A complete guide to defending weapon charges in St. Mary's County, Maryland. From a glove compartment handgun discovered during a Route 235 traffic stop to a felony first degree assault count enhanced under Criminal Law § 4-204, this article walks through Maryland's tiered firearms framework, the Handgun Qualification License and Wear and Carry Permit after Bruen, prohibited person rules under federal and Maryland law, the use of firearm in crime of violence enhancement, school property and sensitive place restrictions, the Firearm Safety Act of 2013, hunting and sporting use defenses, the PAX River federal jurisdiction question, and the path from charge to disposition in Leonardtown. Includes a frequently asked questions section addressing the most common scenarios.