Possession of Firearm at Public Demonstration

Have you been charged with having a firearm at a public demonstration?

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

 

Possession of firearm at public demonstration

CRIMINAL LAW TITLE 4. WEAPON CRIMES SUBTITLE 2. HANDGUNS Md. CRIMINAL LAW Code Ann. § 4-208 (2014) § 4-208. Possession of firearm at public demonstration (a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) (i) "Demonstration" means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. (ii) "Demonstration" does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers. (3) (i) "Firearm" means a handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or any other firearm, whether loaded or unloaded. (ii) "Firearm" does not include an antique firearm. (4) "Handgun" has the meaning stated in § 5-101 of the Public Safety Article. (5) "Law enforcement officer" means: (i) a member of a police force or other unit of the United States, the State, a county, municipal corporation, or other political subdivision who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, the State, a county, municipal corporation, or other political subdivision; (ii) a park police officer of the Maryland-National Capital Park and Planning Commission; (iii) a member of the University of Maryland police force; and (iv) any military or militia personnel directed by constituted authority to keep law and order. (6) (i) "Public place" means a place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. (ii) "Public place" is not limited to a place devoted solely to the uses of the public. (iii) "Public place" includes: 1. the front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business; 2. a public building, including its grounds and curtilage; 3. a public parking lot; 4. a public street, sidewalk, or right-of-way; 5. a public park; and 6. other public grounds. (b) Prohibited. -- (1) This subsection does not apply to a law enforcement officer. (2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after: (i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and (ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm. (c) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both. HISTORY: An. Code 1957, art. 27, § 36G(a)(1)-(5), (7), (b), (c); 2002, ch. 26, § 2; 2003, ch. 17.

 

 

Email: Firearm_Public_Demonstration@NotGuiltyMaryland.com