Gun Crimes Defense Lawyer Baltimore
Maryland has some of the strictest gun laws in the country, and Baltimore prosecutors enforce them aggressively. A firearm charge in Maryland can carry mandatory minimum jail sentences, permanent loss of the right to own a firearm, and serious long-term consequences for your record and your life. At Walsh-Little Law, David Walsh-Little defends clients facing gun charges in Baltimore City, Baltimore County, and throughout the surrounding area.
David has spent his entire career in Maryland's criminal courts, over a decade with the Maryland Office of the Public Defender, including as Chief of the Felony Trial Division in Baltimore City, and more than four years as an Assistant Federal Public Defender. He understands how gun cases are built and where the defenses lie.
If you are facing gun charges anywhere in Baltimore or the surrounding counties, contact Walsh-Little Law today at 410-205-9337 for a free, confidential consultation.
Maryland's Gun Laws: An Overview
Maryland regulates firearms through a combination of the Criminal Law Article and the Public Safety Article. The rules governing who can own a firearm, how it can be transported, and what happens when a gun is used in a crime are complex, and violations can result in serious criminal charges even when the person believed they were acting lawfully.
Maryland law distinguishes between 'regulated firearms' (handguns and certain assault weapons) and other long guns. Handguns are subject to the strictest regulations, including purchase controls, transport rules, and wear-and-carry permit requirements.
Common Gun Charges in Baltimore
Illegal Wearing, Carrying, or Transporting a Handgun — § 4-203
Under Md. Criminal Law § 4-203, it is a crime in Maryland to wear, carry, or transport a handgun, openly or concealed, without a valid Wear and Carry Permit (HQL). The offense is a misdemeanor but carries significant potential consequences:
- First offense: 30 days to 5 years imprisonment and/or a fine of $250 to $2,500
- Second offense (prior conviction under §§ 4-203 or 4-204): 1 to 10 years imprisonment
- Third+ offense: 3 to 10 years imprisonment, mandatory minimum applies
- Carrying on school property: enhanced penalties apply, 90-day mandatory minimum even on first offense
Use of a Handgun in a Crime of Violence — § 4-204
Under Md. Criminal Law § 4-204, using a handgun or antique firearm in the commission of a crime of violence is a separate criminal offense, charged in addition to the underlying crime. The mandatory sentence is severe:
- Mandatory minimum: 5 years without parole, consecutive to any other sentence
- Maximum: 20 years imprisonment
- The mandatory minimum cannot be suspended, reduced to probation, or paroled away
This means a person convicted of both robbery and use of a handgun in a crime of violence can face consecutive sentences, the robbery sentence plus a mandatory 5 additional years that cannot be reduced. The § 4-204 charge is one of the most consequential gun charges in Maryland and requires an experienced defense attorney from the outset.
Prohibited Persons — Illegal Possession (Public Safety § 5-133)
Under Md. Public Safety § 5-133, Maryland prohibits the possession of regulated firearms by certain categories of people, including:
- Persons convicted of a disqualifying crime (any crime of violence, any Maryland felony, certain misdemeanors)
- Persons convicted of a federal crime punishable by more than two years
- Persons subject to certain protective or peace orders
- Persons adjudicated with a mental disorder and a history of violent behavior
- Persons under 21 years of age (with limited exceptions)
- Persons who are fugitives from justice, unlawfully present in the U.S., or addicted to controlled substances
Possessing, selling, or transferring a regulated firearm in violation of § 5-133 can carry up to 10 years in prison. Additionally, federal firearms charges under 18 U.S.C. § 922(g) may be filed alongside, or instead of, state charges; federal penalties are often more severe.
Federal Gun Charges
Gun cases in Baltimore frequently attract federal attention, particularly when allegations involve prior felony convictions, drug trafficking, or organized criminal activity. Federal firearms charges under 18 U.S.C. § 922(g) carry their own mandatory minimum sentences under the Armed Career Criminal Act (ACCA) for defendants with qualifying prior convictions; in some cases, a 15-year mandatory minimum applies. David's experience as an Assistant Federal Public Defender gives him direct familiarity with how federal gun cases are prosecuted and defended.
Reviews
I recommend David's criminal defense and DWI defense services.
Baltimore criminal defense lawyer David Walsh-Little first came to my attention over 25 years ago, when I learned about his legal assistance to Plowshares activists. Since that time, I have occasionally communicated with him and then talked with David in depth on my podcast.
I can confidently recommend criminal defendants to David for Maryland matters for which I do not offer assistance.
David is a great lawyer to work with. He's very attentive and on top of things. He cares about his clients and is very knowledgeable. Thank you, David
Gun Defense Strategies in Baltimore
Challenging the Legality of the Search and Seizure
Many gun charges arise from traffic stops, pedestrian stops, or residential searches. The Fourth Amendment requires police to have a legal basis for any search. If the stop was unlawful, if there was no probable cause to search the vehicle or its occupants, or if a warrant was defective, the firearm and any associated evidence may be suppressed. A successful suppression motion can end the case.
Challenging Actual Possession vs. Constructive Possession
When a firearm is found in a shared space — a vehicle, an apartment, or a common area, prosecutors must prove that the defendant actually possessed or had knowing control over the weapon. This constructive possession theory is often the weakest part of a gun case and can be directly challenged when the connection between the defendant and the firearm is circumstantial.
Lawful Ownership and Permit Defenses
In some cases, a defendant had a lawful right to own the firearm, but an issue with transport, storage, or permit status resulted in charges. Understanding the full scope of Maryland's permit requirements and statutory exceptions is essential to identifying these defenses.
Challenging the Mandatory Minimum Under § 4-204
Where § 4-204 is charged, the question of whether the underlying offense constitutes a 'crime of violence' under § 14-101 is a critical legal issue. Not all offenses that might seem violent qualify. Challenging the legal sufficiency of the § 4-204 charge, or negotiating the underlying charge in a way that affects the § 4-204 exposure, requires careful attention to Maryland's statutory definitions.
Why Choose David Walsh-Little as Your Baltimore Gun Crimes Attorney
David Walsh-Little brings a combination of state and federal public defense experience that is uncommon in private criminal defense practice:
- Over a decade with the Maryland Office of the Public Defender, including as Chief of the Felony Trial Division in Baltimore City
- More than four years as an Assistant Federal Public Defender in Maryland
- Foundational training under renowned civil rights attorney William M. Kunstler, instilling a commitment to zealous, client-centered defense
- Deep familiarity with Baltimore City District Court, the Circuit Court for Baltimore City, and county courts throughout the Baltimore metro area
- A practice built on giving every client, regardless of the charge, the same quality of representation
David started Walsh-Little Law specifically to provide high-quality legal representation to people charged with crimes in Maryland's state and federal courts. When you hire Walsh-Little Law, you work directly with David, not a paralegal, not a junior associate.
Serving Baltimore & Surrounding Counties
Walsh-Little Law represents clients throughout the Baltimore metropolitan area in both state and federal courts.
Frequently Asked Questions: Gun Charges in Baltimore
Do I need a permit to carry a handgun in Maryland?
Yes. Maryland requires a Wear and Carry Permit (HQL) to carry a handgun outside your home or place of business. Without a valid permit, carrying a handgun, openly or concealed, loaded or unloaded, is a crime under § 4-203, even if you lawfully own the weapon. The permit application process in Maryland is regulated by the Maryland State Police.
What is the mandatory minimum for use of a handgun in a crime of violence?
Can a gun charge become a federal case in Baltimore?
Can I own a firearm if I have a prior conviction in Maryland?
Can gun charges be dismissed in Maryland?
Contact a Baltimore Gun Crimes Attorney Today - Free Consultation
Early action matters; the sooner David reviews your case, the more options may be available. Do not face the Maryland court system alone.
Call Walsh-Little Law today at 410-205-9337 for a free, confidential consultation. David will review your case, explain your options, and help you understand what defense strategies may apply to your situation.
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Disclaimer: The Law Office of David Walsh-Little is a Maryland Limited Liability Company established for the practice of law. The information on this website is for general information only. The content on this site is not legal advice and should not be construed as such. Visitors to this site should not rely on its content when making legal decisions. Access to the information on this website is not intended to, and does not create, an attorney-client relationship between the Law Office of David Walsh-Little, LLC and any other person or entity.
