Yes. Under Maryland criminal laws, it is a crime to carry a concealed “dangerous weapon.” Every type of gun is considered a “dangerous weapon” and Maryland criminal courts have also held that BB guns are “guns” — and, therefore, “dangerous weapons” — as defined by the Maryland criminal code. There is a possible criminal defense if it can be shown that the BB gun is a toy and that it could not be mistaken for a “real” gun. If you have been arrested or charged with a crime here in Waldorf, Maryland or other parts of Southern Maryland, call the skilled and aggressive Maryland criminal defense lawyers here at the Law Office of Robert Castro at (301) 870-1200. Our offices are in Waldorf, MD and we are available around the clock, 24/7.

The most recent case about BB guns is Christy v. State, No. 1799, November Term 2022 (Appellate Court of Maryland 2023). In that case, the criminal defendant — Jordan Christy — was arrested and charged with carrying a concealed BB gun that looked like a firearm. He was convicted and sentenced to a year incarceration (with ten months suspended to be followed by one year of supervised probation). Christy appealed his conviction.

The main defense, as noted, with these kinds of cases is arguing that the object in question is not a “dangerous weapon.” At trial, Christy argued that the BB gun was just a toy, something used by kids and, as such, was not a dangerous weapon. The Maryland prosecutors argued the opposite and focused on the fact that Christy told the police that he had the BB gun under the driver’s seat of his for his “protection” and that it was concealed. If it was just a toy, why conceal it?

These are difficult cases because, under Maryland law, there is no clear and set definition of “dangerous weapon.” The definition is to be determined case-by-case and it is up to the jury to decide. The courts have said that any of the following could satisfy the definition:

• Anything used or designed to be used in destroying, defeating, or injuring an enemy, or as an instrument of offensive or defensive combat
• Something immediately useable to inflict serious or deadly harm — for example, an unloaded gun useable as a bludgeon; that is, the gun is not dangerous as a device to fire bullets, but it is dangerous as a thing to be used to beat someone
• Something actually used in a way likely to inflict death or bodily harm — the famous example from Maryland case law is a taxi microphone cord that was used as a garrote strangling device; the cord was not inherently dangerous, but it was a “dangerous weapon” in the manner used

In Christy’s case, the government prosecutors argued the first two definitions. A BB gun can fire projectiles — and the BB gun was loaded when seized by the police. The government prosecutors also argued it was dangerous as a potential device for bludgeoning. The jury agreed and, as noted, convicted Christy. The Court of Appeals also agreed and upheld Christy’s conviction and sentencing.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD Criminal Defense lawyers. Our address is: 2670 Crain Highway, Waldorf, MD 20601.