CR 4-111: Possession of a Firearm

In 2022 a Supreme Court decision required the Maryland State Police to issue wear and carry permits to all qualified applicants, which significantly increased the number of permits holders. This made numerous lawmakers uneasy and in response the legislature passed laws that restricted where licensed individuals to take their firearms. Most of these restrictions appear in Criminal Law section 4-111. This provision is hardly the most common firearm offense in Maryland, as most cases deal with those who are not licensed or who are prohibited from possessing a gun. On the other hand, it can have drastic consequences for those who are charged due to the fact that almost all offenders have no prior criminal record. Section 4-111 of the Criminal Law code prohibits licensed gun owners from carrying a firearm in numerous areas such as schools (including pre-schools and private schools), healthcare facilities and nursing homes where children or vulnerable individuals may be. The law also prohibits possessing a lawful firearm in government buildings, bars, restaurants where alcohol is sold, museums, stadiums, casinos, racetracks, amusement parks and cannabis dispensaries. Criminal law section 4-111 also applies to state parks and other recreation areas, which is often the most surprising prohibition under this law. While rare, the law also prohibits possessing a firearm within 1,000 feet of a public demonstration.
If a police officer conducts a traffic stop in a state park or other state recreation area and determines the driver has a wear or carry permit the officer may question the driver about the presence of a firearm. If the driver admits to possessing a firearm or if the officer has probable cause to conduct a search the driver may be arrested for a violation of 4-111. We have seen other instances of gun violation by permit holders in government buildings where a person is not aware of the restriction and goes through a security screen. Police at hospitals or other sensitive areas may also conduct a search if they see an individual appearing to possess a firearm.
Criminal Law Section 4-203 generally prohibits wearing, transporting or carrying a firearm, but this crime does not apply to those who have a valid wear and carry permit. Those who do not have a permit could be charged with 4-203 and 4-111 but we rarely see that happen. If it does happen the defendant could technically be sentenced for both violations.
It is not a defense that the permit holder was unaware of the law and the so-called sensitive areas that it describes. However, it may be a defense that the defendant did not knowingly or willfully possess the firearm. Driving someone else’s vehicle without knowledge of the firearm inside is one example of this defense. The defense of duress is available in most criminal cases and would apply to this charge if an individual brought a firearm into a sensitive area in direct response to a situation where a person was in danger. Duress is a highly subjective defense, but can be effective if argued the right way.
Possession of a firearm in violation of Criminal Law section 4-111 carries a maximum penalty of 1 year in jail and a $1,000 fine upon conviction. It may also have serious collateral consequences such as revocation of a wear and carry permit.
Benjamin Herbst is an experienced gun lawyer who has successfully defended dozens of permit holders facing charges in Maryland state and federal courts. He routinely represents security clearance holders and licensed professionals and understands the importance of maintaining a clean record. Benjamin also has represented numerous out of state defendants from neighboring states such as Virginia, North Carolina and Pennsylvania. Contact Benjamin anytime for a free consultation at 410-207-2598.