Gun Charges In Maryland: What Counts As Possession Under §5-133 And §5-144?
Maryland has some of the toughest firearm laws in the U.S., and the penalties for even a first-time gun offense can be severe. What many people don’t realize is that you don’t have to be caught holding a gun to be charged with illegal possession. Maryland’s gun statutes, particularly Public Safety §5-133 (illegal possession by a prohibited person) and Criminal Law §5-144 (unlawful sale, transfer, or possession of a “regulated firearm”) allow prosecutors to pursue charges based on a broad concept known as constructive possession.
Understanding what counts as possession under Maryland law is critical because defendants are often charged even when the gun is found in a shared home, a friend’s car, or another area not directly under their control.
Actual versus constructive possession
Maryland recognizes two forms of possession:
- Actual possession – When the gun is physically on your person or in a container you are clearly controlling (like a bag you’re carrying).
- Constructive possession – When you don’t have physical custody of the firearm, but prosecutors allege you had the knowledge, dominion, or control necessary to exercise power over it.
Constructive possession is where most contested gun cases occur. To prove it, prosecutors must show:
- You knew the gun was present, and
- You had the ability to exercise control over it.
Maryland law does not require the state to prove ownership. Simply being in proximity to a gun (such as riding in a car where the handgun is found) can lead to charges if prosecutors argue you had access or awareness.
Possession in vehicles
Many Maryland gun arrests occur during traffic stops. Police may find a gun:
- In a glove box
- Under a seat
- Inside a center console
- In a backpack or purse
If the gun is near the driver or passenger, officers often charge everyone in the vehicle with illegal possession and let the courts sort it out. The State may argue that the accessible location shows shared control, even when passengers don’t own the car or didn’t know about the firearm.
However, constructive possession cases are highly fact-specific. Defense attorneys routinely challenge whether the accused had:
- Knowledge of the gun
- Access to the firearm
- Ownership or control of the space where it was found
- Exclusive use of the vehicle or residence
Penalties under Maryland law
- 5-133 (possession by a prohibited person) carries some of the harshest penalties, including potential mandatory minimum sentences depending on prior offenses.
- 5-144 makes it a crime to unlawfully possess, sell, or transfer a regulated firearm — including handguns — and can be charged in addition to §5-133.
A conviction can result in incarceration, probation, fines, loss of firearm rights, and immigration consequences.
Talk to a Bel Air, MD, Weapons Charges Attorney Today
Schlaich & Thompson, Chartered, represent the interests of Maryland residents facing weapons charges. Call our Bel Air criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
