The last blog was about reading the statute. READ the case law as well. I had a client on his way to target practice with an unloaded gun in the glove box and the bullets in a case in the trunk. The officer who stoped him for a traffic violation saw the gun and got him out of the car. My client explained the gun was lawfully purchased he had gone thru approved State Police training, etc… and was on his way to target practice.The officer tells my client that if the gun was in the case with the bullets it would have been ok. WRONG! My client explains that is not the law so the officer calls his supervisor. That supervisor tells my client he is a vigilante and verbally abuses him. He explains he was going to target practice and had everything separate. This is no street thug. He is a working man from a solid family. Well they lock him up and he is held with NO BAIL-HOME DETENTION ELIGIBLE. He is now paying $100.00 a week to be on an ankle bracelet.There is a United States Court of Appeals case for our area that said the magazine that came with the gun was legal. Now we are down to the statute. I sent everything including the case, my client’s text message about going to the range, and all the gun documents to the State. To the prosecutors credit, she read everything and had her supervisor read it as well. We all agreed he fell within the exception and the case was dismissed. Of course the police supervisor who verbally abused him was nowhere to be found.
On Behalf of Gary S. Bernstein, P.A. | Jul 27, 2022 | 10.0 Rated AVVO, Acquitted, Assault, AV Rated Martindale-Hubbell, Battery, Best Lawyers in America, Best Lawyers in America 2008-present, Body cam footage, Criminal Defense, Criminal Law, Dismissed charges, Fourth Amendment, Handguns, Inventory Search of Car, Maryland, Maryland Criminal Defense, Maryland Super Lawyers, Maryland Super Lawyers Criminal Defense: DUI/DWI, Misdemeanor Criminal Defense, Not guilty, Weapons charges |