JC Law Breaks Down Weapon Charges: What You Need to Know

Navigating the complexities of weapon laws can be daunting. Understanding what constitutes a weapon, the specific crimes associated with them, and your rights if you’re facing weapon charges is crucial. This guide, provided by JC Law, aims to clarify these aspects and offer guidance on where to turn for help.

What is a Weapon?

The legal definition of a “weapon” extends beyond items traditionally designed for harm. According to the law, a weapon is any object that could be used or threatened for use offensively against one or more people. This means everyday items can be classified as weapons depending on the context and intent.

• Traditional Weapons: Guns, knives, and swords are obvious examples.
• Improvised Weapons: Pipes, brooms, shovels, and other implements can be considered weapons if used to inflict harm or threaten someone.

What Are Weapon Crimes?

Here’s a breakdown of some common weapon crimes, their definitions, and potential penalties:

• 1. Deadly Weapons on School Grounds:
  • Prohibition: Generally, carrying deadly weapons on school property is forbidden.
  • Exemptions: Law enforcement officers, school security personnel, individuals participating in historical demonstrations (with principal authorization), and those involved in organized shooting activities or clubs are typically exempt.
  • Consequences: This is usually a misdemeanor.
    • First-time offenders: May face fines up to $1,000 and/or jail time up to three years.
    • Aggravating Factors: Additional penalties may apply if the conviction involves other crimes or if the weapon was used in a violent act, such as wounding or killing someone.
• 2. Carrying, Transporting, or Wearing Handguns:
  • Restriction: Maryland law prohibits wearing, moving, or carrying handguns without proper permits. This includes concealed carry in vehicles, waterways, airways, roads, highways, and parking lots.
  • Exemptions: Individuals transporting handguns to or from a legal sale or gun range, correctional officers, on-duty members of the U.S. armed forces, and law enforcement officers are typically exempt.
  • Consequences: Carrying a handgun without a permit or falling under an exemption is a misdemeanor.
    • First Offense: Fines ranging from $250 to $2,500 and/or jail time from 30 days to 3 years.
    • Second Offense (School Grounds): 3 to 10 years in prison.
    • Second Offense (Other Locations): 1 to 10 years in jail.
    • Third Offense (School Grounds): 5 to 10 years in prison.
    • Third Offense (Other Locations): 3 to 10 years in prison.
• 3. Possessing a Firearm at a Public Demonstration:
  • Definition: Public demonstrations include vigils, protests, speeches, picketing, and other gatherings meant to assemble people.
  • Restriction: Possessing firearms at public demonstrations or in a vehicle within 1,000 feet of a demonstration is prohibited.
  • Conditions: This law applies to individuals instructed to leave the demonstration until the weapon is removed or those informed by a police officer about the demonstration.
  • Consequences: This is a misdemeanor offense.
    • Up to one year in jail and/or a fine not exceeding $1,000.
• 4. Access to Firearms by Children:
  • Restriction: Laws limit access to firearms by individuals 16 years of age and younger.
  • Safe Storage: Unloaded firearms should be safely stored, out of reach of minors, when not in use.
  • Exceptions: Children can handle firearms if they have a hunter and firearm safety certificate or if supervised by someone 18 years or older. They can also access guns if the firearm belongs to an active-duty police officer or if the gun was accessed after an illegal entry into their residence.
  • Consequences: Illegal access of firearms by minors is a misdemeanor.
    • First Offense: A fine of up to $1,000.
    • Note: This crime does not automatically constitute negligence on the part of the weapon owner.
• 5. Use of an Antique Firearm or Handgun During a Crime:
  • Prohibition: Antique firearms or handguns cannot be used to commit a felony or violent crime.
  • Condition: The gun doesn’t need to be in working order at the time of the crime for charges to be filed.

Misdemeanor vs. Felony

Weapon charges can range from misdemeanors to felonies. The specific charge and its severity depend on factors such as:

• The type of weapon used
• The act committed
• Whether the weapon was used in the commission of a crime
• Other relevant circumstances.

What Can You Do If You’ve Been Charged with a Weapon Crime?

Facing weapon charges can be overwhelming. Here’s a step-by-step guide on how to proceed:

1. Understand the Charges: Carefully review the complaint to fully understand the specific weapons charge filed against you.
2. Consider Disputing the Charges: Based on the evidence and circumstances, explore potential defenses and consider challenging the charges.
3. Legal Proceedings: Your case may be settled in or out of court. During the proceedings, you will be the defendant, and the person who filed the complaint will be the plaintiff.

Seeking Legal Assistance from JC Law

If you have questions about weapon charges or have been charged with a weapon crime, seeking legal assistance is crucial. JC Law offers the following:

• No-Obligation Consultation: Schedule a consultation at your convenience to discuss your situation with experienced attorneys.
• Expert Advice: Our attorneys will listen to your concerns, analyze the details of your case, and propose possible courses of action.
• Court Representation: If you choose, we can provide skilled legal representation in court to protect your rights and advocate on your behalf.

Proactive Steps for Prevention

Taking preventative measures can help you avoid potential legal issues and ensure the safety of yourself and your loved ones:

• Inventory and Secure Weapons: Take an inventory of weapons and potential weapons in your home and ensure they are stored safely, especially when children are present.
• Safe Storage Practices: Implement secure storage practices, such as using gun safes or trigger locks, to prevent unauthorized access to firearms.
• Education and Awareness: Understanding the laws regarding weapons and their potential dangers is essential for responsible ownership and can help prevent accidents and legal complications.

By understanding the intricacies of weapon laws and taking proactive steps to ensure safety and compliance, you can protect yourself and your community. If you have any questions or require legal assistance, contact JC Law to schedule a consultation. We are here to provide the guidance and representation you need.