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Federal Judge Rules Maryland Gun-Carry Law as Unconstitutional

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A Maryland law that requires gun owners to show “good and substantial reason” before being able to carry a weapon in public has been ruled unconstitutional in a federal lawsuit. U.S. District Court Judge Benson E. Legg says the law puts restrictions on the constitutional right to bear arms, restrictions that aren’t warranted and aren’t legal.

Some see the ruling as a victory, allowing citizens to arm themselves more freely. Others, however, see it as a risk to public safety.

The state’s attorney general’s office plans on appealing the ruling and requesting a stay of its implementation. One lawmaker, however, states that he has already proposed a bill that would eliminate the “good and substantial” wording from the current laws.

“I have a bill that does exactly what the court said we needed to do,” said Delegate Michael D. Smigiel Sr. according to the Baltimore Sun. But, he says, though it would pass committee, politics would prevent it from getting to vote. He hopes this latest ruling will garner his bill the needed support.

Legg’s ruling came after considering two “basic questions”, according to the Atlanta Journal Constitution. Those are whether or not the 2nd Amendment right to bear arms extends outside the home, and whether the “good and substantial” clause is constitutional.

Because people are allowed to hunt and the 2nd Amendment was written with this and militias in mind, Legg determined that it does apply to outside of the home. On the second question, Legg reasoned that states make certain laws and requirements to improve public safety and keep firearm ownership reasonable, but that the “good and substantial” requirement went beyond this and actually restricted law-abiding citizens’ right to bear arms.

When a Maryland citizen wants a permit to carry a weapon with them, they must obtain a permit from the secretary of the state. The permit requires they show that they aren’t a convicted felon, an addict, an alcoholic, and that they aren’t violent. All of this is done in the name of public safety. In addition, however, the secretary until now had to determine if the citizen, “has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.”

Currently, there are 12,000 such permits in the state. That figure is expected to rise, however, if Legg’s ruling stands.

Gun laws are strict and when you are accused of violating them, they carry significant penalties. If you are accused of a weapons offense in Georgia, contact us today to discuss the details of your case and how we might be able to help.

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“Clerical Error” Renders Firearm Serial Number Law Invalid

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Altering or removing a serial number on a firearm is not a crime in Maryland. At least for the time being. Turns out, when the laws were changed in 2003, a “clerical error” rendered the prior law invalid, making the crime not a crime at all.
According to the Washington Examiner, the Maryland Supreme Court overturned a man’s conviction after reviewing the law and finding no penalty was outlined for the offense, invalidating it as a criminal offense. The judges said in their finding, “When an individual is convicted pursuant to a charge that does not constitute a crime, that conviction must be reversed and the sentence vacated.”
The courts will likely see some appeals from this matter as those people convicted of altering serial numbers on weapons between 2003 and now would be eligible to have those sentences vacated and their convictions overturned.
Serial numbers on firearms are used to track weapons. Often, stolen guns or those used in the commission of a crime will have the numbers altered, making them impossible to trace. “It’s not like on TV where it’s easy to trace it back to the owner. This could make it more difficult for prosecutors at the state level,” said senior attorney for the Brady Center to Prevent Gun Violence Daniel Vice.
The case that brought this flawed law to the attention of the courts was one where the defendant had been convicted on a multitude of charges. Although this one was overturned, his other convictions are still valid.
Lawmakers in the state are expected to change the law and get it back in working order by this fall. It’s also important to note that altering the numbers on a firearm remains a federal offense. Even though the state of Maryland can’t charge you with this violation, the federal government can.
Gun laws in Maryland are otherwise fairly serious. Unlawful carrying of a handgun, for instance, carries a mandatory minimum 30 day sentence and up to 3 years in prison. This is one of the least stringent gun laws in the state; a second offense of this crime has a minimum 3 years in prison.
When you are facing gun charges, the likelihood that a clerical error was made is slim to none. More than likely, you will be charged with a legally sound crime and it will be up to you and your defense attorney to contest those charges in court.
If you’ve been charged with a weapons offense in the state of Maryland, contact me today for a consultation.

Is Baltimore’s Gun Registry Unconstitutional?

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A Circuit Court judge this week ruled that the Baltimore city-wide gun registry is unconstitutional, stating it is “unconstitutionally vague and overly broad.” This doesn’t necessarily mean the registry will go away any time soon; a city spokesperson states that though they are considering all legal options, this represents only one judge’s opinion.
The gun registry was started in 2007 and was modeled after a similar one in New York City. It requires those convicted of a weapons offense within the city to register with the police department, providing their name, aliases, address, and other contact information. The registrants are required to keep this information updated twice yearly and are subject to police checking their listed residence to ensure they are actually living there.
According to the judge, the law doesn’t make the conditions of the registry clear, setting the offenders up for failure. He states that the rules aren’t just vague, they are unknown and require offenders to “go to the bowels of the Police Department to learn what constitutes the law and then instantly comply with its requirements or be found in violation of the law.”
Other opponents of the registry, including the public defender’s office, have stated they are concerned the police may use the registry to gain cooperative informants from the offenders who are listed, coercing them into helping with other cases or risk arrest for violation of the registry.
The judge himself states the registry could be implemented, but the methods didn’t give sufficient notice or information to the public. Prosecutors, on the other hand, state that offenders are repeatedly told of the rules and regulations of the registry several times throughout the criminal court process.
While the ruling won’t do away with the registry, it will impact those offenders seen in that specific courtroom. Likewise, if his colleagues agree with his rationale, other judges could apply the same standard. Challenges are likely to continue in coming months and years.
The city does what it can to reduce gun violence. Just a few weeks ago we blogged about the Mayor making a trip to Annapolis again to request tighter gun laws, including a mandatory minimum for those arrested with a loaded, illegal firearm.
If you are arrested on a gun charge in Baltimore, you will be met with some fairly strict laws and consequences. Both at the state and the local level, gun offenders are not treated lightly here. Contact our offices today for a consultation on your case and to see how we might be able to help.

Violent Week in Baltimore Motivation For Tougher Gun Laws?

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This past weekend a 4 year old boy was shot and killed when he found a gun in his home; a police detective was sent to the hospital after being shot in the chest; and 16 others were victims of gun violence in Baltimore. A particularly bloody weekend left the city Police Commissioner advocating for tougher gun laws and promising more targeted enforcement.
According to the Baltimore Sun, both the Commissioner and the Mayor traveled to Annapolis to seek out tighter regulations, claiming there are simply far too many illegal guns on Baltimore streets. He argues that too many people are given fines and put back on the streets, only to get another gun and commit violent acts again.
The Department is going to be cracking down on traffic violations and loitering in problem areas though they maintain they will not be “opening the floodgates to arrests.” This cautious wording from the Commissioner, no doubt stems from a $870,000 settlement the city paid last year to the SCLU and NAACP on biased policing, after which the department rejected zero-tolerance policies or mass arrests for minor offenses.
The Commissioner states, “You can’t arrest enough of those guys, but patrolling the city indiscriminately is not the answer to this problem.”
Among the laws the Police Commissioner and Mayor would like to see passed is one that would set a mandatory minimum sentence for people arrested with an illegal and loaded firearm. That sentence would be boosted to at least 18 months and as many as 10 years. But the law is currently stalled in committee.
With the weather turning warmer, city officials expect the weekends and days in general will become more violent once again. It’s no surprise that this particularly violent past weekend was also one of record setting warmth.
Weekends like this, particularly one where a small child was killed, do sometimes spur lawmakers who wouldn’t have otherwise voted to pass more restrictive gun laws in Maryland. But, not always. The balance between public safety and personal gun ownership rights is a delicate one.
If you are facing weapons charges, contact us today. The laws surrounding such offenses are confusing and ever-changing.

Baltimore Leaders Push Lawmakers For Stricter Gun Control

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Baltimore City Leaders testified before the Senate Judiciary Committee this week in an effort to gain support for stricter gun laws and tougher penalties for those who run afoul of any state weapons offenses. The battle they face, however, seems to be an uphill one as lawmakers are resistant to making stricter laws when it seems Baltimore is the only area of the state in need of them.
Among the changes is a potential addition of 10 years to the already five year mandatory sentence for felon in possession of a handgun, making it a 15 year mandatory sentence. Another proposal on the table—increasing an illegal gun possession charge a felony with a mandatory 18 month sentence.
More than anything, it seems, the lawmakers want to ensure the laws aren’t overreaching. In regards to one proposed law, that would increase the sentence of possession of a loaded handgun from 30 days (misdemeanor) to 18 months (felony), a lawmaker states “It is unsafe? Yes. Is it a mistake? Yes. But should you be a felony and spend 18 months in jail? This bill is overreaching.”
Lawmakers year after year have to find a balance between public safety concerns and creating a police state, potentially infringing on the 2nd Amendment right to bear arms. Supporters of the measure state it would still be within the discretion of the prosecutor to charge the offense as a misdemeanor, handing the ultimate sentencing decision to a prosecutor rather than a judge.
The Baltimore Sun reports this is the seventh year that city officials have made the trip to Annapolis, voicing their concerns about weapons-safety and urging increased legislation. While such legislation made it as far as the floor last year, the session ended before a vote could take place.
Baltimore unquestionably has the highest crime in the state and the biggest justification for wanting tougher gun laws. But in an effort to make things safer there, lawmakers are worried about getting innocent gun owners wrapped up in the system.
As it stands, Maryland gun laws are pretty strict and it’s not all that difficult to find yourself facing felony gun charges. Some of the more common weapons violations we see in Maryland courts are listed here and as you can see, they carry some pretty serious penalties as it is.
If you are facing gun charges in Maryland, particularly in the city of Baltimore, you could be facing an uphill battle of your own. Having an experienced defense lawyer on your side is crucial in ensuring you get the best results possible on your day in court.
Contact our offices today for a free consultation on your case.