An individual who has been convicted of a felony criminal offense in Maryland loses their right to possess a firearm and ammunition as well. In fact, it is a felony criminal offense for an individual who has been convicted of a felony to do any of the following:
- Own a firearm
- Control a firearm
- Possess a firearm
- Transport a firearm.
In addition, if a defendant is convicted of certain misdemeanors, in most cases crimes of domestic violence, they may be prohibited from possessing a firearm. Individuals who have been convicted of certain disqualifying crimes in Maryland face permanent loss of their right to own, control or possess a firearm. An individual with a criminal conviction on their record would want to consult with an attorney about their status.
This prohibition covers all types of firearms. There are no exceptions for possessing a firearm for hunting, sporting or self-defense purposes. Possession of even a firearm’s frame or receiver could result in a criminal charge. It is not a defense to the crime that the defendant did not know that their criminal conviction made it illegal for them to possess a firearm.
In addition, defendants who have been convicted of a crime and are on probation or parole, under community supervision, or on work furlough may not possess a firearm or other prohibited weapons.
The firearm does not have to be in working order for possession to be a criminal offense. If it is a weapon designed to deliver deadly force, it qualifies as a firearm under the law. In addition, 2 or more defendants can possess a firearm at the same time. An individual does not have to be touching or holding a firearm to possess it. A local Maryland attorney would be able to explain the offense in more detail.
What Is the Minimum Sentence for the Crime of Felon in Possession of a Firearm?
Incarceration in jail for 30 days is the mandatory minimum sentence for conviction of the crime of felon in possession of a firearm.
But the sentence prescribed by law allows a sentence of imprisonment for a term of as much as 5 years and payment of a fine of $10,000, or both. An individual could face a possible minimum sentence of up to 5 years for illegally possessing a regulated firearm if they were convicted of a crime of violence or select drug crimes.
Can a Felon Be Around a Person With a Gun?
An individual who has been convicted of a felony would probably want to stay well away from firearms. This would mean avoiding the presence of others who have firearms because Maryland law defines “possession” as having control over an item. There are two types of possession:
“Actual possession” means that the convicted felon has direct, physical control of a firearm. For example, they might have it on their person or in the glove compartment of their car.
An individual who has been convicted of a felony would probably want to stay well away from firearms. This would mean avoiding the presence of others who have firearms because “possession” may be defined as having control over an item. The law recognizes two types of possession:
- Actual possession and
- Constructive possession.
The term “constructive possession” means having access to a firearm or the right to control it, even when the item is not within an individual’s actual physical possession or even within their physical reach. It is easy to imagine that a convicted felon in the presence of another who owns a gun that is physically accessible to both of them could be charged with the crime of possession.
Even if the convicted felon does not own the firearm, they might end up charged with possession and have to appear in court to argue that it was not theirs and they did not have constructive possession of it.
What Weapons Can a Felon Own To Protect Themselves?
As noted above, a “firearm” is any device intended to be used as a weapon and is powered by an explosion or combustion to expel a projectile through a barrel. To be convicted of the crime of being a felon in possession of a firearm does not require that the firearm is loaded or in good working order.
In Maryland law, a “firearm” may be any of the following:
- Long guns
- Handguns
- Pistols
- Rifles
- Concealed firearms.
An individual with a felony conviction would want to be sure to consult specific local laws also, because municipalities may impose additional restrictions or requirements on the possession of such devices as tasers and stun guns by convicted felons.
Otherwise, an individual who has been convicted of a felony might want to stay well away from firearms of all types. They might consider exercising extra caution in their activities to avoid any risk of harm and calling the police if their safety is threatened.
Can a Felon’s Gun Rights Be Restored?
An individual who has felony and/or misdemeanor convictions may restore their right to possess a firearm in Maryland.
Maryland law provides two possible ways in which an individual may restore their gun rights as follows:
- Seek a governor’s pardon
- Expunge eligible misdemeanor convictions.
Maryland expungement is not available for defendants who have been convicted of felony offenses, so it is not a pathway to restoration of the right to possess a firearm for those convicted of felonies.
However, in Maryland, a defendant who has been convicted of certain misdemeanor criminal offenses may have their right to possess a firearm restored through expungement. They must wait for 10 years after their case has ended before seeking expungement. If the offense is second-degree assault or a domestic violence offense, the waiting period is 15 years.
If a defendant was convicted of a misdemeanor, it is a condition for expungement that they have no subsequent convictions. Also, the court must be persuaded that they do not pose a threat to public safety.
Under the Justice Reinvestment Act recently enacted in Maryland, there are 100 different misdemeanors that are eligible for expungement. Again, the defendant must have remained free of other convictions for 10 years. Some misdemeanors have a 15-year waiting period.
It is difficult to obtain an expungement in Maryland. Each request for expungement is carefully reviewed by the State’s Attorney’s Office. Generally, this review takes about 90 days. It takes 30 days for the State’s Attorney’s Office to review the case. Then, finalization of the process of expungement takes another 60 days after it is approved.
If an expungement is successful, any and all records of the prior conviction are removed from public access, and a defendant’s right to own or possess a firearm is restored. Of course, all of the other legal requirements for purchase and ownership must be met.
A defendant who has been convicted of a non-violent felony may seek a pardon from the governor when 10 years have passed after their conviction. A defendant who has been convicted of a violent felony may seek a pardon from the governor when 20 years have passed after their conviction.
As for a governor’s pardon, even if one is granted, a defendant’s firearm rights are not automatically restored. In order to have firearms rights restored, a defendant must obtain a specific, separate pardon document which verifies the fact that a defendant’s firearm rights have been restored.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If you have been charged with being a felon in possession of a firearm, defenses are available to you. LegalMatch.com can connect you to a Maryland criminal defense lawyer who can review your case and identify any defenses that might be available. Your lawyer can also determine if you might be able to restore your right to possess a firearm in Maryland.
