ANNE ARUNDEL, CALVERT, CHARLES, ST. MARY’S & PRINCE GEORGE’S COUNTIES.
Prohibited Possession Defense | Haskell & Dyer
Prohibited Possession Has Two Elements. Both Can Be Challenged.
Maryland bars certain people from having a firearm at all, including those with prior convictions or disqualifying records. These cases are serious, can carry mandatory penalties, and the defense has to start immediately.
If You're Facing This Charge
Say nothing about the firearm. Call a lawyer now.
Prohibited possession can carry mandatory penalties that limit a judge's discretion, which is why the early work matters so much. What you say about whose gun it was, or how it got there, can lock in the case. Stay silent, ask for a lawyer, and call before you explain anything.
Two Questions That Decide the Case
Were You Barred, and Did You Possess It?
A prohibited possession charge has two parts. The State has to prove both, and each is a place to build a defense.
The Status
Were You Actually Disqualified?
The charge depends on you falling into a barred category, often a prior conviction or a disqualifying record. Whether your record actually qualifies, and whether your rights were ever restored, is worth examining closely rather than assuming.
The Possession
Did You Possess It in Law?
Possession can be actual or constructive, and the State has to prove it. A firearm in a shared home, a borrowed car, or a space others used does not automatically belong to you, and that is often the weak point.
Who the Law Bars
Common Disqualifying Categories
Maryland and federal law bar several groups from possessing firearms. These cases often turn on whether the category truly applies to you.
Prior felony conviction
Certain disqualifying convictions
Disqualifying record or status
Pending charges in some cases
Protective order restrictions
Federal firearm prohibitions
Regulated firearm bars
Ammunition possession bars
What's at Stake
Mandatory Penalties Change the Math
Some prohibited possession charges carry mandatory minimums, which is why the defense starts on day one.
Mandatory
Possible mandatory minimum on some charges
Felony
Serious felony exposure and a record
Federal
Risk of a parallel federal prosecution
Prison
Significant incarceration on a conviction
How We Defend a Prohibited Possession Charge
The two elements, your status and the possession, are both open to challenge, and so is how the firearm was found.
We Test the Disqualification
Whether your record actually places you in a barred category, and whether rights were restored, is not always as clear as the State assumes.
We Challenge Possession
Constructive possession in a shared home or car is often weak. We press on whether the firearm was really yours to answer for.
We Attack the Search
If the firearm was found through an unlawful stop or search, we move to suppress it, which can take down the whole case.
We Confront the Mandatory Exposure
Where a mandatory minimum is in play, the early strategy is everything. We work to avoid the conviction that triggers it.
Common Questions
Prohibited Possession, Answered
It wasn't my gun. Can I still be convicted of possessing it?
Possibly, because the law recognizes constructive possession, having control over a firearm even without holding it. But the State has to prove that, and a gun in a shared home, a borrowed car, or a space others used does not automatically become yours. That gap is one of the most common and effective places to build a defense.
My conviction was years ago. Why does it still bar me?
Certain convictions create a long-lasting or permanent firearm bar under Maryland and federal law, regardless of how much time has passed. That said, whether your specific record actually qualifies, and whether any restoration of rights applies, is worth examining closely rather than taking the State's position at face value.
What does a mandatory minimum actually mean here?
A mandatory minimum limits how low a sentence can go on certain charges, narrowing a judge's discretion. That is exactly why the early strategy matters so much, the goal is to avoid the conviction that triggers the mandatory penalty in the first place, through suppression or by undercutting an element.
Could I face federal charges too?
Sometimes, yes. Federal law has its own prohibited-possessor rules, and some cases are prosecuted federally with their own serious penalties. If a federal prosecution is a risk, that shapes the defense from the start, and it is one more reason to involve a lawyer immediately.
Why does the defense have to start immediately?
Because the early decisions, what is said to police, how the search is challenged, how the disqualifying status is examined, shape everything that follows. With mandatory penalties potentially in play, there is little room for error. The sooner we step in, the more options we can protect.
Charged as a Prohibited Possessor? This Is Not a Case to Wait On.
Mandatory penalties and possible federal exposure make the early work critical. Tell us what happened and get an honest read on how we fight the State's case. The first conversation is free and confidential.
Arrested or being questioned? Call our 24/7 line now: 240-687-0179