Can a Gun Charge Be Dismissed in Maryland?

 Posted on March 28, 2026 in Gun Crimes

A gun charge in Maryland can be dismissed, but it typically takes an experienced defense attorney who knows where to look and how to challenge the state's case. Maryland has some of the strictest gun laws in the country, and even people with good intentions can end up facing serious charges for something that would be perfectly legal in another state. A charge is not a conviction, and there are real defenses that can lead to reduced charges, suppressed evidence, or a full dismissal. If you are facing a weapons offense in 2026, the Queen Anne's County, MD gun charge defense lawyers at Henley & Henley, Attorneys at Law are ready to help.

What Are the Most Common Gun Charges in Maryland?

Most criminal gun charges in Maryland fall under two main laws. The first is Maryland Criminal Law § 4-203, which makes it illegal to wear, carry, or transport a handgun without a valid permit. This applies whether the gun is hidden or carried in the open. Maryland does not recognize permits from any other state. A first offense can typically carry a mandatory minimum of 30 days in jail, up to five years in prison, and a fine of up to $2,500. Penalties get much worse for repeat offenses.

The second is Maryland Public Safety Article § 5-133, which bans certain people from owning or possessing a regulated firearm at all. You are disqualified if you have been convicted of a felony, any crime with a maximum penalty of more than two years, certain drug offenses, or a domestic violence misdemeanor. A conviction under this statute can result in up to 15 years in prison, and some cases carry a mandatory five-year minimum with no chance of parole.

Can a Gun Charge Be Dismissed Because of an Illegal Search in MD?

This is one of the most effective defenses in Maryland gun cases. The Fourth Amendment protects you from unreasonable searches and seizures. If police stopped you without a good reason, searched your car without probable cause or your consent, or used a flawed search warrant, any evidence they found might be thrown out.

When the gun itself gets suppressed, the state often has no case left. This is why your attorney should carefully review everything that happened from the moment the police first made contact with you. If it is successful, a suppression motion can lead to a dismissal of the charge entirely.

Can a Gun Charge Be Dismissed if You Did Not Have the Gun on You in Maryland?

Possession is not always simple to prove. Maryland law recognizes two types. Actual possession means the gun was physically on your body. Constructive possession means you had access to it and intended to control it, even if it was not directly on you.

When a gun is found in a shared car or a common area of a home, it can be very hard for the state to prove who it belonged to. Just being near a gun is not enough to convict you. If other people had equal access to the space where the gun was found, your attorney can challenge whether the state can actually prove you possessed it beyond a reasonable doubt.

Can You Be Charged if You Were Transporting a Gun Legally in MD?

Maryland law does include exceptions that allow certain types of transport. A handgun can be transported lawfully if it is unloaded and in an enclosed case while being moved for specific purposes, including:

• Travel to or from the place where you legally purchased or sold the gun

• Travel to or from a licensed gun repair shop

• Travel between your home and your own place of business

• Use in connection with hunting, target shooting, or organized sporting events

Many people are charged simply because they did not know how strict Maryland's rules are, or because they were driving from a state where their conduct was perfectly legal. If your situation fits one of these exceptions, your attorney can argue that no crime occurred.

Contact Our Centreville, MD Gun Crimes Defense Attorneys

The Queen Anne's County, MD gun charge defense lawyers at Henley & Henley, Attorneys at Law bring over 50 years of combined legal experience to every case they handle. That experience means we know how prosecutors build these cases and exactly where they can fall apart. Whether the answer is a suppression motion, a challenge to possession, a statutory exception, or a fight at trial, we will pursue every option to protect your future.

Call 410-280-0530 today to talk through your situation and find out what we can do for you.