Child Access to Firearms

Have you been charged with allowing a child access to firearms?

This offense carries a substantial prison term, fines, and up to three years probation in District Court or five years probation in Circuit Court. A conviction for this offense can incarcerate you and burden your life for many years. Call or email today, your future may depend on it!

WHAT's the first step?

If you were arrested or issued a summons for this offense, you want to act quickly to gather evidence and prepare a defense. Call Mr. Cleckner for a free consultation over the telephone or to set up an in-person appointment, and he will answer any questions you have.

NOT SURE WHAT YOU NEED TO DO?

A conviction can cause serious problems. We'd be happy to discuss your options with you. We handle all facets of criminal and jailable traffic defense, and if we can't answer your questions, we'll do some research or find someone who can answer them.

 

The Law

 

Child access to firearms

CRIMINAL LAW TITLE 4. WEAPON CRIMES SUBTITLE 1. GENERAL PROVISIONS Md. CRIMINAL LAW Code Ann. § 4-104 (2014) § 4-104. Child's access to firearms (a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) "Ammunition" means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm. (3) "Child" means an individual under the age of 16 years. (4) (i) "Firearm" means a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun, as those terms are defined in § 4-201 of this title, or any other firearm. (ii) "Firearm" does not include an antique firearm as defined in § 4-201 of this title. (b) Exceptions. -- This section does not apply if: (1) the child's access to a firearm is supervised by an individual at least 18 years old; (2) the child's access to a firearm was obtained as a result of an unlawful entry; (3) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or (4) the child has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article. (c) Prohibited. -- A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm. (d) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000. (e) Effect of violation. -- (1) A violation of this section may not: (i) be considered evidence of negligence; (ii) be considered evidence of contributory negligence; (iii) limit liability of a party or an insurer; or (iv) diminish recovery for damages arising out of the ownership, maintenance, or operation of a firearm or ammunition. (2) A party, witness, or lawyer may not refer to a violation of this section during a trial of a civil action that involves property damage, personal injury, or death. HISTORY: An. Code 1957, art. 27, § 36K; 2002, ch. 26, § 2.

 

 

Email: Child_Access_Firearms@NotGuiltyMaryland.com