PS 5-203: Possession of a Short-Barreled Rifle or Shotgun

Maryland laws are regarding rifles and shotguns are slightly less restrictive than handguns, but they are still extremely strict compared to other states. One of the most common non-handgun violations is the provision against possession of a short-barreled rifle or shotgun. One of main reasons handguns are so heavily regulated is due to their compact size, and the ease with which they can be carried around unbeknownst to the public and of course law enforcement. Rifles and shotguns do not present this same public safety risk, but in order to be sure lawmakers have placed strict size limits on these weapons. Public Safety Code section 5-203 makes it illegal to possess a short-barreled rifle or shotgun by anyone who is not law enforcement or active-duty military. The definition of short-barreled is found in the Criminal Law section of the Maryland Code under 4-201, which provides definitions for all types of firearms. Under this section a short-barreled shotgun is defined a shotgun with one or more barrels less than 18 inches long or a weapon that has an overall length of less than 26 inches and was made from a shotgun. Short-barreled rifles have a similar definition, but the barrel is only permitted to be 16 inches in length. Anyone who is found in actual or constructive possession of a short-barreled gun can be charged under the Public Safety Code regardless of whether they have a concealed carry license. Short-barreled shotguns and rifles are illegal for citizens to own in all scenarios under Maryland law.

Police are called to the scene of a domestic violence incident and ask if any firearms are present in the home. One of the suspects in the domestic case tells police that there is a shotgun in the home that is only used for protection and upon locating the shotgun police notice its short barrel. If the weapon has a barrel length less than 18 inches the suspect could face domestic violence charges and charges under section 5-203 of the Public Safety Code. This additional firearms charge could easily impact the bond status of the individual charged, even if the gun was only slightly shorter than the legal size.

PS 5-133 punishes disqualified individuals for possessing certain firearms. This statute applies to all regulated firearms, which includes handguns and numerous types of assault rifles. A defendant could be charged with a violation of 5-133 and 5-203 in the same case.

In most crimes the State must prove that the defendant knowingly violated the law. In crimes where the difference between a charge and no charge could be a matter of inches the defense could argue a lack of knowledge that the firearm was an unlawful length. Of course, the State would counter this argument by stating that the owner should have known the size, but if the measurements are close enough the State may have a hard time convincing a jury of the defendant’s guilt. You never want to argue lack of knowledge of the law, as that is a weak defense. Rather it is a more sympathetic argument that you knew the law and thought you were complying. Any time there is a possession matter at issue the defense may also be able to argue lack of evidence to prove the defendant had ownership or control of the

The potential penalty for a violation of PS 5-203 is up to five years in prison and a $5,000 fine. There are often other crimes associated with this type of charge, as these firearms are most commonly found when police have shown up at the house for some other reason. If the defendant is disqualified from possessing a firearm, then he or she will also be charged with a violation of 5-133, which can have a more serious punishment depending on the reason for the defendant being disqualified.

Benjamin has successfully defended several defendants charged with possession of a short-barreled shotgun in Maryland. He has also handled short-barreled rifle cases and defends clients in all counties across the state contact Benjamin anytime for a free consultation about your case at 410-207-2598.