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Tuesday, November 8, 2011

Possession of Rifle or Shotgun in Maryland with Previous Conviction now Illegal

Attention: All the hunters and gun owners in Maryland, as of October 1, 2011, it is now illegal to possess a rifle or shotgun if you were previously convicted of a crime of violence or specific statute that applies to the distribution, possession with intent to distribute, or dispensing controlled dangerous substance.  

If you are found guilty of possessing a rifle or shotgun in Maryland after October 1, 2011, and have been convicted of a prior qualify crime, then you could face up to 15 years incarceration and a felony conviction on your record.

For further reading and information, I have included the text of the Maryland Public Safety statute as well as all defining statues and titles of the statutes mentioned in the new law.

Maryland Public Safety § 5-206. Possession of rifle or shotgun prohibited

(a) In general. -- A person may not possess a rifle or shotgun if the person was previously convicted of:
  (1) a crime of violence; or
  (2) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article.

(b) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.
(c) Violation is separate crime. -- Each violation of this subsection is a separate crime.



Maryland Public Safety 5-201. Definitions
(b) Rifle. -- "Rifle" has the meaning stated in § 4-201 of the Criminal Law Article.
(e) Shotgun. -- "Shotgun" has the meaning stated in § 4-201 of the Criminal Law Article.


Maryland Public Safety 5-101 Definitions
(c) Crime of violence. -- "Crime of violence" means:
  (1) abduction;
  (2) arson in the first degree;
  (3) assault in the first or second degree;
  (4) burglary in the first, second, or third degree;
  (5) carjacking and armed carjacking;
  (6) escape in the first degree;
  (7) kidnapping;
  (8) voluntary manslaughter;
  (9) maiming as previously proscribed under former Article 27, § 386 of the Code;
  (10) mayhem as previously proscribed under former Article 27, § 384 of the Code;
  (11) murder in the first or second degree;
  (12) rape in the first or second degree;
  (13) robbery;
  (14) robbery with a dangerous weapon;
  (15) sexual offense in the first, second, or third degree;
  (16) an attempt to commit any of the crimes listed in items (1) through (15) of this subsection; or
  (17) assault with intent to commit any of the crimes listed in items (1) through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.



Maryland Criminal Law Sections Titles:
5-602. Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance.
5-603. Equipment to produce controlled dangerous substance.
5-604. Counterfeit substance.
5-605. Keeping common nuisance.
5-612. Volume dealer.
5-613. Drug kingpin
5-614. Importer of certain controlled dangerous substances.


If you are facing a charge of illegal possession of a rifle or shotgun in Maryland, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900.  We have helped thousands of Maryland residents with their criminal and weapons charges, let our experience go to work for your in the Courtroom.


Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Dundalk, Maryland 21222


410-288-2900 (office 24/7)
RiceLawMD@gmail.com