Criminal Defense Lawyer Blog
The 2025 Maryland Legislative Session recently came to an end with lawmakers failing to tackle numerous criminal justice issues. Despite the fact that Annapolis lawmakers have repeatedly expressed a desire to address the inundation of ghost guns, no consequential gun legislation landed on the Governor’s desk. Ghost guns have been illegal to possess in Maryland since 2022 unless they are properly serialized and registered. Over the last three years the penalties for illegal possession and the accessibility of the parts have not changed, and police continue to seize ghost guns from juveniles and young adults at an alarming rate.
Just in the last 30 days two teenagers were arrested after ghost guns were found in public schools. The first incident occurred at a Charles County high school at the end of April after a 17-year-old student’s bag was searched due to an overwhelming smell of marijuana. The second incident occurred just this week at Gaithersburg High School when a 15-year-old student was found in possession of a loaded ghost gun. The Blog will continue to follow the ghost gun epidemic, but it is a complex issue since the buying and selling of the materials used to create these firearms will likely remain protected by the Second Amendment.
In addition to the ghost gun issue, there has also been much talk about juvenile justice reform. The legislature has flipped back and forth from passing softer juvenile justice policy to tightening up the system with stricter legislation. This year lawmakers in Annapolis punted on juvenile justice to the disappointment of many who were hoping for crackdowns on increasing juvenile crime.
The criminal laws that did pass the General Assembly include a provision that increases the penalty for trafficking firearms into the State of Maryland. Previously anyone who transported a regulated firearm such as a handgun into the State for the purpose of unlawfully selling or trafficking would face a misdemeanor with a maximum penalty of up to 10 years in prison. Beginning in October this offense will become a felony, but the maximum prison sentence will remain at 10 years. This is the type of law that creates a brief news headline though in reality has little effect on crime. Intestate firearms trafficking cases are almost always investigated by the ATF and prosecuted by federal prosecutors. If anything, this new State law simply brings the firearms trafficking law in line with the federal law.
The legislature did succeed in passing impactful legislature for former defendants in criminal and traffic cases by increasing the number of crimes eligible for expungement and allowing certain incarcerated individuals to apply for a reduction of sentence after a certain period of time. The expanded expungement laws are extremely important to individuals seeking employment and educational opportunities, so lawmakers should certainly be commended for getting this bill to the Governor. The Blog will continue to follow the Maryland Legislature and may post follow up articles as new laws become effective. If you have been charged with a crime or are being investigated contact Maryland criminal defense lawyer Benjamin Herbst anytime for a free consultation. Benjamin specializes in firearms offenses including illegal possession of a regulated firearm and minor in possession of a firearm. He has successfully defended hundreds of juvenile cases all over the state and is also an experienced Maryland federal criminal attorney for charges including DUI and handgun on a federal facility and felon in possession of a firearm. Contact Benjamin anytime for a free consultation at 410-207-2598 to learn what defenses may be available in your case. Benjamin provides all clients with his cell phone number and is always available to provide updates. Remember to never speak to law enforcement without an attorney present and certainly do not wait until the day of trial to seek counsel.