24 December

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Ghost Guns in the Spotlight: A Real Talk About Baltimore’s Laws

When news of tragic shootings is regularly covered in the news, often the conversation turns to “ghost guns”. As a defense attorney practicing in Baltimore, cases regularly involve such guns. These untraceable firearms have been making headlines for years, sparking debates and leaving many people wondering: what does the law actually say about ghost guns in Maryland?

If you’re asking yourself that same question—or worse, if you’re facing legal trouble involving a ghost gun—let me walk you through it. This isn’t just legal jargon; it’s real talk from someone who’s been on the frontlines of these cases.

What Are Ghost Guns, Anyway?

First, let’s break it down. Ghost guns are firearms that are privately made, often from kits or 3D-printed parts, and lack serial numbers. They’re called “ghost guns” because they’re nearly impossible to trace.

Of course not everyone building or owning a ghost gun is out to commit a crime. Some people are hobbyists, genuinely interested in the craftsmanship of building their own firearms. It is the lack of regulation that makes these weapons so controversial—and legally risky.

In Maryland, the rules surrounding ghost guns are evolving fast. As of 2023, owning an unserialized firearm or possessing one without registering it could land you in serious legal trouble. But let’s be honest—most people don’t keep up with these changes until they’re facing charges.

The Mangione Case and Its Ripple Effect

The well-publicized Luigi Mangione case is a perfect example of how ghost guns are becoming a lightning rod for public debate. While the investigation is still ongoing, early reports suggest the firearm used in the shooting was a ghost gun. This detail alone has reignited discussions about the accessibility and regulation of these weapons.

As a defense lawyer, this case is a stark reminder of how complicated ghost gun laws can be. Prosecutors are eager to crack down on ghost guns to set an example, which means anyone caught in possession—or even suspected of having one—may find themselves in a legal whirlwind.

Let’s pause here for a second. Imagine you’re someone who ordered parts for a firearm online, not fully understanding Maryland’s regulations. Suddenly, you’re facing a felony charge for something you didn’t even realize was illegal. It’s a scary, overwhelming place to be, and I’ve seen it happen more times than I can count.

Why Ghost Gun Laws Are Confusing

One of the biggest challenges with ghost gun cases is the patchwork of laws. At the federal level, rules about these firearms are still catching up with technology. Meanwhile, Maryland has been more aggressive in regulating them. This creates a lot of gray areas.

Take, for example, a person who ordered a ghost gun kit online, thinking it was completely legal. Such a person may not be trying to skirt the law—he just didn’t know the rules had changed. If the police seize such an unfinished firearm during a routine traffic stop for example, such a person risks being charged with possession of an illegal weapon. These laws aren’t just confusing for the average person; even legal experts have to stay on their toes to keep up.

What Happens If You’re Caught With a Ghost Gun?

If you’re caught with a ghost gun in Baltimore, the consequences can vary widely depending on the circumstances. Was the gun fully assembled? Were you aware it lacked a serial number? Were you using it for any illegal purpose? All of these factors matter.

That said, even possession alone can lead to charges. In Maryland, ghost gun cases often fall under firearm possession laws, which carry serious penalties, including jail time, fines, and a permanent criminal record. Scenarios like the one described above are a reminder that the law doesn’t always draw clear lines. It’s my job to highlight those gray areas in court.

How I Approach Ghost Gun Cases

If you’re dealing with charges related to a ghost gun, you’re probably feeling overwhelmed, confused, and maybe even a little hopeless. Trust me when I say this: you don’t have to face it alone.

When I take on a ghost gun case, the first thing I do is listen. Your side of the story matters, and it’s often the key to building a strong defense. Whether you were unaware of the laws or you’re being unfairly targeted, understanding the details of your situation is my priority.

From there, I dig into the evidence. Were your rights violated during the arrest? Is there proof you knowingly possessed an illegal firearm? In many cases, there’s more to the story than what’s in the police report. My goal is to find those details and use them to your advantage.

Educating Clients About Their Rights

One thing I’ve learned as a defense lawyer is that many people don’t fully understand their rights until it’s too late. That’s why I’m passionate about educating my clients—not just defending them. If you’ve been charged with a ghost gun-related offense, you need to know what’s at stake and how the legal process works.

For example, did you know that you have the right to remain silent during an investigation? Or that the prosecution must prove you knowingly possessed an illegal weapon? These might seem like small details, but they can make a big difference in your case.

Why You Should Act Now

The worst thing you can do if you’re facing ghost gun charges is to wait. The sooner you consult a defense attorney, the better your chances of building a strong case. Evidence can disappear, memories fade, and prosecutors start building their narrative from day one. You need someone in your corner who knows how to fight back.

If you’re reading this and thinking, “That sounds like my situation,” don’t hesitate to reach out. Whether it’s a simple misunderstanding or a more complex case, I’m here to help you navigate the legal system and protect your future.

Final Thoughts

The conversation about ghost guns isn’t going away anytime soon. With high-profile cases like Luigi Mangione’s bringing these weapons into the spotlight, it’s clear that the legal and social landscape is shifting. But amidst the headlines and debates, real people are getting caught up in the legal system—people who deserve a fair defense.

If that’s you, know that you don’t have to navigate this alone. As a Baltimore defense lawyer, I’ve seen firsthand how daunting these cases can be. But I’ve also seen how a strong defense can turn the tide.

So, if you find yourself in need of guidance, let’s talk, contact me today. Together, we can make sense of the laws, build a defense, and work toward the best possible outcome. Because at the end of the day, everyone deserves a fair shot at justice.

David Walsh-Little, Baltimore Criminal Defense Lawyer
Helping You Navigate Maryland’s Legal System

10 May

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Understanding Maryland Gun Laws: What You Need to Know

Posted by Shannon McCraw

in Defense Law, Drug and Gun Case Lawyer, Maryland Gun Laws

Key Provisions and Restrictions

Navigating Maryland gun laws can be challenging. You have to be careful to comply with what can be a confusing set of regulatory laws and regulations.

Eligibility for Gun Ownership in Maryland

In Maryland, individuals must meet stringent legal criteria to be entitled to gun ownership. Prospective owners must first undergo a comprehensive background check, which screens for criminal records, restraining orders, and other potential disqualifiers. Additionally, state regulations mandate completing a firearm safety training course, emphasizing the importance of responsible handling and usage.

To solidify one’s eligibility for gun possession, Maryland enforces what is known as an “HQL,” or Handgun Qualification License. This license functions as a vetting mechanism, ensuring only those with a proven proficiency in firearm safety and an unblemished legal background may possess handguns. Furthermore, regulations stipulate a waiting period for the purchase of regulated firearms, in concert with the principle that such ownership is a serious responsibility with profound public safety implications.

Age and Background Requirements

In Maryland, individuals wishing to purchase a handgun must be at least 21 years old. This requirement acts as a threshold to ensure a level of maturity and responsibility in potential owners. Stringent background checks further reinforce this criterion, designed to prevent individuals with criminal histories or other legal issues from obtaining firearms.

While those aged 18 to 20 can own long guns, such as rifles or shotguns, these individuals also must satisfy thorough background verification. This ensures that even at a younger age, gun owners must demonstrate the legal and character qualifications necessary to handle firearms responsibly. Maryland mandates a seven-day waiting period for all regulated firearm purchases.

Adults purchasing handguns also need a Handgun Qualification License (HQL). Before obtaining an HQL, one must complete a certified firearms safety training course, which includes live-fire instruction. This process underscores Maryland’s commitment to ensuring gun owners are sufficiently informed and capable of handling and using their weapons safely.

Mandatory Training and Fingerprints

In Maryland, stringent measures are in place to bolster gun safety, with mandatory training and fingerprinting as cornerstones of this protocol. These requirements are critical components of the Handgun Qualification License (HQL) application process, emphasizing a commitment to public safety.

Prospective handgun owners must attend a comprehensive training course sanctioned by the Maryland State Police, which must last at least four hours. This includes instruction on state firearm law, home firearm safety, handgun mechanisms, and operation, and a component that demonstrates gun use with live fire. Firearm training culminates with fingerprinting, a pivotal step to cement the applicant’s identity.

Understandably, fingerprints are an instrumental part of the vetting process. They ensure the identification of applicants, allowing for an in-depth background check to confirm suitability for gun ownership. This level of due diligence is vital in safeguarding the community by ascertaining that firearms are entrusted to responsible individuals.

Finally, collecting and cross-referencing fingerprints against criminal databases form a robust layer of gun safety measures. These protocols work collectively to prevent firearms from falling into the wrong hands while maintaining a system that respects the rights of law-abiding citizens. Mandatory training and fingerprinting reflect Maryland’s proactive approach to mitigating firearm possession risks, fostering a safer environment for all residents.

Types of Firearms and Restrictions

Maryland’s committed effort to regulate firearms differentiates between regulated and non-regulated guns. Regulated firearms, primarily handguns, are subject to more stringent controls. Owners of these firearms must undergo background checks, mandatory safety training, and a seven-day waiting period before possession is transferred. On the other hand, long guns, such as rifles and shotguns, generally face fewer restrictions and are considered non-regulated.

Further diving into the classifications of firearms, Maryland law identifies what is known as “assault weapons.” Certain military-style features typically characterize these weapons and are subject to an outright ban for civilian use. In addition, the possession, sale, or transfer of high-capacity magazines—defined as magazines that hold more than ten rounds of ammunition—is also prohibited in the state. Such measures reflect Maryland’s dedication to reducing the potential for mass shootings and enhancing public safety.

Magazine Capacity Limits

In Maryland, magazines capable of holding more than ten rounds of ammunition are strictly forbidden. This law, tightly controlling magazine capacity, signifies a robust stance against the potential for rapid-fire incidents, underscoring the state’s commitment to public safety. Compliance with this limit is mandatory for all Maryland residents. Failure to adhere can result in legal repercussions.

Nonetheless, possession of such magazines acquired before the law took effect (October 1, 2013) is permitted. Owners, however, are not allowed to sell, transfer, or receive any more such magazines within state borders.

While law enforcement and retired police officers are exempt from this limit, their magazines must still be used for professional duties. These exceptions are precisely defined and strictly monitored to prevent abuse. Those who travel across state lines into Maryland must ensure that any firearm they carry conforms to these regulations. Bringing high-capacity magazines into Maryland can lead to severe legal consequences, even if they were legally obtained in another state.

Purchase Permits and Waiting Periods

Understanding Maryland’s purchase permit requirements is essential for any prospective gun owner.

To acquire a regulated firearm, you must first obtain a Maryland Handgun Qualification License (HQL).
The HQL application necessitates a background check, fingerprinting, and completing a firearm safety training course.
After receiving the HQL, individuals must submit a separate purchase application for the specific firearm.
This application prompts a seven-day waiting period that allows for a comprehensive secondary background check.
This waiting period is mandatory and serves as a cooling-off phase, regardless of the background check duration.

The waiting period is a precautionary measure to deter impulsive acts involving firearms potentially.

Dealer Transactions and Private Sales

In Maryland, dealer transactions require federal and state background checks. However, private sales of regulated firearms also necessitate a state police background check.

For private sales, the buyer and seller must complete a Firearm Transaction Record and submit it to the Maryland State Police. Failure to do so may result in civil or criminal liabilities for both parties. Dealer transactions offer assurance, as licensed dealers must adhere to strict protocols under the Gun Control Act 1968. On the other hand, private sellers must ensure compliance independently, securing an HQL from the buyer, conducting the background check, and adhering to the transfer recording requirements as stipulated by Maryland law.

Concealed Carry and Open Carry Laws

In Maryland, firearms are strictly regulated to uphold public safety. Individuals must obtain a Wear and Carry Permit to carry a concealed handgun, which involves a meticulous application process that includes background checks, fingerprinting, and firearms training. Open carry is permissible only with the same permit, outlining the state’s emphasis on controlled access to carrying firearms in public. It’s fundamental for residents to understand these prerequisites, ensuring compliance with Maryland’s stringent regulations governing concealed and open carry of handguns.

Applying for a Concealed Carry Permit

To obtain a Maryland Wear and Carry Permit, applicants must establish a substantiated reason for carrying a concealed weapon fundamentally rooted in self-defense or employment necessities.
The application must be submitted to the Maryland State Police, who oversee permit issuance. Applicants must also undergo a rigorous background check to ensure adherence to state and federal guidelines.

Successful applicants must then complete approved firearms training courses, developing competency in both safety and handling. The comprehensive process also mandates the submission of fingerprints, which are integral to the identity verification stage and subsequent criminal records review.

Upon meeting all criteria, including the payment of designated fees, individuals may receive their Wear and Carry Permit, ushering in a responsibility-laden privilege to carry concealed firearms in Maryland.

Restrictions on Where You Can Carry

Maryland law delineates specific locations where firearms are prohibited, regardless of one’s carry permit status.

Public schools are quintessential gun-free zones under Maryland law. Specifically, carrying a firearm on the premises of K-12 schools, childcare facilities, state legislative buildings, and racetracks is a violation of state mandates. This extends to the secure areas of airports and within 1,000 feet of a demonstration in a public place, with certain limited exceptions applied.

Increased restrictions are also in place for government-owned properties and buildings. The utilization of firearms is typically barred within these vicinities unless specifically authorized by law. This includes court facilities, where security measures intensely scrutinize for weapons. Furthermore, private property owners retain the right to ban firearms on their premises, an autonomy supported by “No Gun” signage to communicate such prohibitions.

Need Clarity on Maryland’s Gun Laws? Talk to an Expert Today

Navigating Maryland’s gun laws can be complex and overwhelming. Having a knowledgeable advocate is crucial whether you’re facing charges or just seeking understanding. David Walsh-Little, a seasoned Baltimore criminal defense lawyer, is here to guide you through the intricacies of the law and ensure your rights are protected. Don’t wait for the situation to escalate. Contact us today for a consultation and empower yourself with the expert legal support you need.

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