What Happens If You Are Caught With a Loaded Handgun in Your Vehicle in Maryland?

 Posted on September 19, 2025 in Gun Crimes

Maryland has some of the strictest gun laws in the country. Without a permit, Maryland generally bans wearing, carrying, or transporting a handgun. Limited exceptions apply, and the handgun must be unloaded and carried in an enclosed case or enclosed holster. If police stop you and find a loaded handgun in your car, you could face serious charges. Even if you thought you were being responsible, you need a Towson, MD handgun violation defense lawyer to explain your rights and fight the charges.

Does Maryland Law Allow Concealed Carry?

Maryland does allow people to carry handguns, but only with a permit. Under Maryland Public Safety Code § 5-303, anyone who wants to wear, carry, or transport a handgun must first apply for and get a permit. This permit is commonly known as a Wear and Carry Permit. Maryland does not allow permitless concealed carry like some other states.

Even with a permit, there are limits. For example, you cannot take handguns into schools or government buildings. They are also banned on private property that does not allow them. If you do not have a permit and police find a loaded handgun in your car or on you, you could be charged with unlawful possession.

What Are the Penalties for Transporting a Loaded Firearm in Maryland?

According to Maryland Criminal Law § 4-203, carrying or transporting a loaded handgun without a valid permit can bring severe penalties. A first offense is punishable by 30 days to five years and a $250–$2,500 fine. Repeat offenses can bring one to ten years, and where the handgun is loaded for repeat offenders, the law imposes mandatory minimum time that cannot be suspended, with limited parole.

The law is tougher on people banned from owning firearms. Under Public Safety Code § 5-133, people with certain past convictions or protective orders must serve prison time if caught with a handgun. A conviction can also take away your gun rights, make it harder to find work, and put professional licenses at risk.

How Do You Challenge Charges Related to Handgun Violations in Maryland?

The possible defenses for a handgun violation vary based on the unique details of your case. A defense lawyer will look closely at what happened to determine the best strategy, but possible defenses include:

• Unlawful search and seizure: If police searched your car without a valid reason, evidence may be thrown out.

• Lack of knowledge or control: The state must prove you knew the handgun was there and that you had control over it. Otherwise, you can challenge the charges against you.

• Legal transport exception: You may have been moving the firearm legally, such as to a shooting range, if it was stored correctly.

• Improper police procedure: Mistakes in how evidence was handled can weaken the case.

• Fourth Amendment violations: If your rights were violated during the stop, key evidence could be dismissed.

• Mistaken identity or ownership: The gun may not have been yours, or the state may not be able to prove you possessed it.

• Insufficient evidence: If the state cannot prove the charge beyond a reasonable doubt, the case may be dropped.

For example, in a recent case in Anne Arundel County Circuit Court, we filed a motion to suppress evidence after police violated our client’s Fourth Amendment rights. The judge agreed, the evidence was thrown out, and all felony firearm and handgun charges were dismissed.

Schedule a Free Consultation With a Glen Burnie, MD Handgun Violation Defense Attorney Now

If you or someone you care about has been arrested for having a loaded handgun in a vehicle, talk to the Towson, MD handgun violation defense lawyer at Seger Law, LLC today. Named a SuperLawyer Rising Star in 2024, Attorney Chelsey Seger is known for being aggressive, experienced, and supportive. Having formerly served as a prosecutor, she can also read your case from every angle. Call 443-208-4692 to schedule your free consultation so we can get started on a strong defense to protect your future.