CR 4-203: Unlawful Wear, Carry or Transport a Handgun

The penalties for carrying a handgun in Maryland have consistently increased, but the definition has largely remained unchanged.  Unlawful wear, carry or transport is the main gun possession law in Maryland and prohibits both concealed and open carry of a handgun.  It requires the State to prove a defendant wore or carried a handgun on his or her person, or knowingly transported a handgun in a vehicle traveling on a road or parking lot generally used by the public.  Possession can be actual or constructive.  Actual possession is typically reserved for wear and carry cases, while constructive possession is used in vehicle cases involving transporting a handgun.  The State must also prove the weapon was a handgun, which is defined as a pistol, revolver or other firearm capable of being concealed on or about the person, and which is designed to fire a bullet by the explosion of gunpowder.  Normally the State will have a firearms expert come to court to testify that the handgun was working and operable, but it is not an element of the crime that the gun be able to successfully fire a bullet.  All that is required is for the State to prove the gun was designed to fire, and a police officer’s testimony may be sufficient in some cases to satisfy this element.
 
Police officers conduct a traffic stop and find out that the driver has an active bench warrant for failing to appear in court.  Officers are then permitted to search the vehicle based on the warrant, and upon search incident to arrest locate a handgun in a backpack on the back seat.  The driver would be charged for transporting a handgun even if it was out of his or her immediate grasp.  Under this scenario the handgun could also be in the trunk of the car, as the gun being within reach is not a required element.  If the vehicle contains multiple occupants, they theoretically could all be charged with possessing the same handgun if it was in plain view.  If the gun was found on a person or in the trunk the only occupants likely to be charged would be the person who was carrying and the driver respectively.
 
Maryland Public Safety Code section 5-133 punishes gun possession for disqualified individuals.  A disqualified individual is someone with a criminal conviction such as a felony or another crime with a maximum penalty over 2 years.  Anyone under the age of 21 is also considered a disqualified person.  Often those who are charged under the wear, carry transport law will also be charged under the Public Safety. Code.  A Public Safety violation can be charged as a felony that carries up to 15 years in prison with the first five being without parole.
 
We have successfully argued lack of proof of possession in numerous handgun cases and have even won jury trials where the gun was allegedly found right next to the defendant on body camera.  While the location of the gun is a factor, a person cannot be convicted just because he or she is in close proximity to a handgun.  The police will rarely fingerprint firearms that are seized, and we always use this to our advantage.  Other defenses include arguing that the person was legally authorized to possess the handgun or that it was being transported properly.  A handgun may be transported unloaded and in an enclosed case if the owner is traveling to or from the gun shop or range or a bona fide residence.
 
Unlawful wearing, carrying or transporting a handgun in Maryland carries up to 5 years in prison upon conviction and a $2,500 fine.  There is a seldom used 30-day mandatory jail sentence upon conviction, which jumps to 90-days if the handgun was possessed on public school property.  Anyone with a prior conviction for handgun possession or use of a firearm in a crime faces harsh subsequent offender penalties if charged and convicted again.  Second-time offenders face up to 10 years in prison with the first year being mandatory and those with two prior convictions face a 3-year mandatory sentence.  If the handgun was found at a public school the mandatory penalty becomes 3 years for a second offense and 5 years for a third offense.
 
Benjamin Herbst is an experienced Maryland handgun lawyer who specializes in unlawful wear, transport and carry cases.  He has won numerous jury trials for gun crimes all over the state and is standing by to offer a free consultation.  The penalties are harsh, and Maryland judges are hesitant to release anyone on bail who is facing a firearm charge.  Do not wait to hire a Maryland gun attorney, as Benjamin can start fighting for release the minute he is hired.