Legal Question in Criminal Law in Maryland

Re: Possession of a Hand gun

Penalties vary depending on the circumstances. Here is the statute --

� 4-203. Wearing, carrying, or transporting handgun.

(a) (1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person; or

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

(b) Exceptions. [Omitted - not relevant to inquiry]

(c) Penalty.-

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

(2) If the person has not previously been convicted under this section, � 4-204 of this subtitle, or � 4-101 or � 4-102 of this title:

(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both; but

(ii) if it appears from the evidence that the handgun was worn, carried, or transported on public school property in the State, the person shall be sentenced to imprisonment for not less than 90 days.

(3) (i) If the person has previously been convicted once under this section, � 4-204 of this subtitle, or � 4-101 or � 4-102 of this title, the person shall be sentenced:

1. to imprisonment for not less than 1 year and not exceeding 10 years; but

2. if it appears from the evidence that the handgun was worn, carried, or transported on public school property in the State, to imprisonment for not less than 3 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

(4) (i) If the person has previously been convicted more than once under this section, � 4-204 of this subtitle, or � 4-101 or � 4-102 of this title, or of any combination of these crimes, the person shall be sentenced:

1. to imprisonment for not less than 3 years and not exceeding 10 years; but

2. A. if it appears from the evidence that the handgun was worn, carried, or transported on public school property in the State, to imprisonment for not less than 5 years and not exceeding 10 years; or

B. if it appears from the evidence that the handgun was worn, carried, or transported with the deliberate purpose of injuring or killing another person, to imprisonment for not less than 5 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

Richard S. Stolker

301-294-9500

Re: Possession of a Hand gun

Your question asks about the sentencing guidelines as established primarily through COMAR Regulations at 14.22.01.01. These guidelines apply to all cases criminally prosecuted in circuit court. Your case will be heard in circuit court. Applicable to your case is 14.22.01.04.B. where it states that if you are already under a sentence then the time remaining to be served may be considered in determining whether the sentences are within the recommended guidelines range. Nonetheless, apply the worksheet distribution and evaluate the results. You should consider hiring an attorney.