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Maryland Gun Ownership Case Could Be Headed to U.S. Supreme Court
Learn more about the Maryland gun possession case that may be headed to the Supreme Court and the oppressive Maryland firearm laws that often spell trouble for gun owners.

October 06, 2011 /24-7PressRelease/ -- The Second Amendment is a fundamental component of the Bill of Rights that has protected citizens' right to keep and bear arms for over two hundred years. Yet, despite the Second Amendment's rich historical tradition, the U.S. Supreme Court has only recently begun to address certain substantive gun ownership questions.

In the twin cases of District of Columbia v. Heller and McDonald v. Chicago (decided in 2008 and 2010, respectively), the nation's highest court ruled that the Second Amendment prohibits federal and state governments from intruding on an individual's right to possess and use a firearm for traditionally lawful purposes, including self defense within the home. Now, a Maryland man arrested on a weapons charge in Prince George's County is asking the Court to clarify the exact breadth of Second Amendment protections.

Charles F. Williams' Weapons Defense Case

Charles F. Williams was arrested in 2008 for carrying a firearm in public without a permit; even though Williams had purchased his gun legally, he did not possess a permit to carry.

Williams' lawyer argued that based on recent Supreme Court decisions, the law Williams' was charged under was invalid as an unconstitutional restriction on Second Amendment freedoms. Maryland authorities disagreed; the Maryland Court of Appeals, the state's highest court, decided that if the Supreme Court had meant to extend full Second Amendment protections beyond the home, it would have done so more explicitly.

Although Williams' prosecution was upheld at the state level, he has filed a petition asking the Supreme Court to review his conviction. The Supreme Court is expected to decide whether or not to hear the case by the end of 2011.

Maryland Gun Possession Laws

Maryland law does allow certain citizens to legally carry handguns in most public places after successfully completing a permit application. However, requirements for obtaining a handgun permit in Maryland are among the most restrictive in the nation, and carrying without a permit can be severely punished (Charles Williams received a three-year sentence).

A number of other weapons offenses are codified in Maryland law. For instance, to transport a firearm lawfully in a vehicle, the gun must be unloaded, and neither it nor any ammunition can be directly accessible from the passenger compartment; in some Maryland counties and municipalities, the discharge of any type of firearm (handgun, rifle or shotgun) is prohibited or otherwise regulated; and, various categories of firearms are even outlawed altogether.

Maryland gun possession laws are complex, and even citizens who are generally law-abiding can easily fall into a weapons charge by violating a technicality. If you have been charged with a firearm offense in Maryland, a criminal defense attorney can help vindicate your Second Amendment rights. Get in touch with a lawyer today to discuss your case.

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