Felon in Possession in Maryland | PS 5-133(c)
In Maryland, firearm charges for felons are serious offenses with significant legal implications. Being caught in possession of a firearm as a felon can lead to severe consequences, including lengthy prison sentences and hefty fines. This article outlines crucial steps to take if facing such charges and highlights the critical role of experienced legal representation in these scenarios.
168
Firearm Cases Handled Since 2022
Our firm has represented clients in more than 160 firearm-related matters since January 2022, reflecting deep experience with Maryland's rapidly evolving gun laws.
43%
Firearm Dismissal Rate¹ ³
Through strategic advocacy and aggressive motions practice, 44% of the firearm charges we've handled have been dismissed, nolle prossed, stetted, or resolved by acquittal.
53%
Firearm Clients Who Avoided a Conviction² ³
The majority of our firearm clients have resolved their cases without a conviction on their record.
Our firm has represented clients in more than 160 firearm-related matters since January 2022, reflecting deep experience with Maryland's rapidly evolving gun laws.
Through strategic advocacy and aggressive motions practice, 44% of the firearm charges we've handled have been dismissed, nolle prossed, stetted, or resolved by acquittal.
The majority of our firearm clients have resolved their cases without a conviction on their record.
Verified internally; last updated: Jul 12, 2026.
The Legal Landscape
"Felon in Possession" charges are filed when someone with a previous felony conviction is found owning, controlling, or having a firearm. Maryland's laws in this regard are more stringent compared to federal regulations. The state has broad definitions of what constitutes a firearm, where even possessing a firearm's frame or receiver could result in serious charges.
Consequences of a Conviction
A conviction under Maryland's PS 5-133(c) can lead to up to fifteen years in prison, with a mandatory minimum sentence of five years without parole if certain conditions are met. The aftermath of such a conviction extends beyond legal repercussions, affecting personal and professional life, employment opportunities, and social standing.
What does a Mandatory Minimum Penalty mean?
Certain criminal offenses, like Felon in Possession, carry what is called a mandatory minimum penalty. These penalties are unavoidable, and require that a sentencing judge give ATLEAST the minimum penalty. For 5-133(c), this mandatory minimum is five years in prison without the possibility of parole, as long as the State properly notifies the Defendant of its intent to seek the enhancement.
Why am I charged with PS 5-133(c) if I'm not a felon?
Maryland treats people with a prior "crime of violence" to the same set of penalties as a person with a prior felony. Unfortunately, the definition of "a crime of violence" under the Public Safety Article includes misdemeanors. Some of the most common disqualifying crimes of violence in Maryland include:
- assault in the first or second degree;
- burglary in the first, second, or third degree;
- carjacking and armed carjacking;
- escape in the first degree;
- kidnapping;
- voluntary manslaughter;
- robbery;
- robbery with a dangerous weapon
Notably, second degree assault is considered a crime of violence for this purpose, even though it is a misdemeanor.
Legal Definitions and Clarity
What is a Regulated Firearm?
Under Maryland law, a "regulated firearm" includes handguns and specific assault weapons listed in the statute. This broad definition means that the possession of these firearms by a felon can lead to severe legal consequences.
Felon in Possession of a Rifle or Shotgun | PS 5-206(a)
Possessing a rifle or shotgun in Maryland as a person previously convicted of a crime of violence or certain drug-related crimes is a separate felony under PS 5-206(a). Violation of this law can result in up to fifteen years of imprisonment. Because "crime of violence" includes second degree assault, a person with a misdemeanor assault conviction can be charged with this felony for having a hunting rifle in the home.
Defending Your Case
Why Legal Representation Matters
Given the severity of "Felon in Possession" charges in Maryland, it's crucial to have an experienced criminal defense attorney by your side. The right legal counsel can guide you through understanding and combating these charges, ensuring your rights are protected throughout the legal process.
Possession vs. Ownership
In law, possession and ownership are not always synonymous. If another person takes ownership of the firearm, or other evidence indicates it was theirs, this may provide a defense to the charge.
Constructive Possession
In Maryland, "constructive possession" means you're considered in possession if you have the ability and intention to control the firearm, even if it's not physically on your person. This concept, though complicated, can be a cornerstone of your defense strategy, especially in vehicle and shared-home cases.
Unwitting Possession
Could the firearm have been placed without your knowledge? The defense of unwitting possession can lead to an acquittal where the State cannot prove you knew the gun was there.
Challenging Evidence and Searches
Challenging the manner in which evidence was obtained, especially in cases of illegal searches without a warrant, consent, or valid exceptions, can be pivotal in your defense. The same applies to vehicle stops made without reasonable suspicion: if the stop was unlawful, the gun found during it can be suppressed, and the case usually collapses with it. If you're wondering how to beat a gun charge in Maryland, suppression is where the analysis starts.
Importance of Immediate Action
Time is critical when facing "Felon in Possession" charges. Act swiftly and consult with a knowledgeable attorney to start building your defense strategy as soon as possible.
FAQs about PS 5‑133 (Prohibited Persons)
What counts as “possession” in a vehicle?
Possession can be actual or constructive. Multiple occupants can be charged if the State claims knowledge and control. Learn vehicle scenarios: Constructive possession in cars and stop/search limits: Inventory and consent searches.
Can passengers get charged if a gun is in the console?
Sometimes. The State often alleges joint possession. The defense focuses on knowledge, proximity, access, and alternative explanations. See: Gun in my car.
Are there mandatory minimums?
Certain prior convictions can trigger a 5‑year mandatory minimum without parole. Review enhancements and related offenses: Firearm Use in a Crime of Violence and Firearm + drug trafficking.
What about minors or household possession?
Rules differ for minors and home contexts. See: Minor in possession of a firearm.
Why Choose FrizWoods LLC
At FrizWoods LLC, we offer personalized and experienced legal representation, tailored to the specifics of your case. Our commitment to our clients is unmatched, and our track record speaks for itself. Don't face these charges alone; let us help you navigate the legal system and fight for your rights.
Contact Our Maryland Firearm Defense Team
Contact FrizWoods LLC today for a comprehensive evaluation of your case. Read our reviews to understand why many others in similar situations have trusted us with their defense. Your future is on the line, and we're here to help you every step of the way.