Use of Handgun in Commission of Crime

Have you been charged with using a handgun in a crime?

This offense carries a substantial mandatory 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.


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


use of handgun in commission of crime

CRIMINAL LAW TITLE 4. WEAPON CRIMES SUBTITLE 2. HANDGUNS Md. CRIMINAL LAW Code Ann. § 4-204 (2014) § 4-204. Use of handgun or antique firearm in commission of crime (a) "Firearm" defined. -- (1) In this section, "firearm" means: (i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or (ii) the frame or receiver of such a weapon. (2) "Firearm" includes an antique firearm, handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, starter gun, or any other firearm, whether loaded or unloaded. (b) Prohibited. -- A person may not use a firearm in the commission of a crime of violence, as defined in § 5-101 of the Public Safety Article, or any felony, whether the firearm is operable or inoperable at the time of the crime. (c) Penalty. -- (1) (i) A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years. (ii) The court may not impose less than the minimum sentence of 5 years and, except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years. (2) For each subsequent violation, the sentence shall be consecutive to and not concurrent with any other sentence imposed for the crime of violence or felony. HISTORY: An. Code 1957, art. 27, § 36B(d); 2002, ch. 26, § 2; 2003, ch. 17; 2011, chs. 164, 165.