In the age of the internet, we get calls from potential clients all over the country. We have heard from many people who previously pled guilty to a Maryland “misdemeanor” and the charge is keeping them from being able to possess a firearm. It is a huge problem. Such a huge problem, I am working with some other local lawyers to try and get the rules changed so that when people plead guilty they truly understand the consequences.
IMPORTANT: Just because you plead guilty to a misdemeanor does NOT mean it is considered a misdemeanor by the feds or other jurisdictions. If you are charged with any crime, and you value your 2nd Amendment Rights, you should never go to court without an experienced lawyer. Let me tell you why.
The federal government prohibits firearm possession by anyone:
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
18 U.S.C. 922(g)(1).
This doesn’t get complicated in many states because in many states a misdemeanor defines a felony the same way that the feds do. (anything punishable up to a year) However, Maryland is different. In Maryland there are common law “misdemeanors” that can be punishable up to a limit much higher than one year. To an untrained attorney or client, you won’t catch it. Clients plead to a misdemeanor, take their probation, and move on….they think. Then they go to apply to get a firearm and they are denied. We have had multiple people come to us for help in this situation. Assault and Conspiracy are just some examples. But either of these convictions, although considered a misdemeanor in Maryland, will bar you from possessing a firearm. The problem is that the Courts don’t have to tell you this in open court. If your attorney doesn’t tell you, you are in trouble.
If you have been charged with a crime, and value you your firearm possession rights, give us a call. If you already have a conviction that is keeping you from possessing a firearm, call us, we can try to help. We handle post-conviction and coram nobis matters where we attempt to get convictions set aside.
Call us for a free consult at 301.513.7832 or email me at firstname.lastname@example.org.