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 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 of incarceration (with ten months suspended to be followed by one year of supervised probation). Christy appealed his conviction.

The primary defense, as noted, with these kinds of cases is arguing that the object in question is not a “dangerous weapon.” At trial, Christy claimed 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 for his “protection” and that it was concealed. If it was just a toy, why conceal it?

These are complex 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 usable to inflict severe or deadly harm — for example, an unloaded gun usable as a bludgeon; that is, the gun is not dangerous as a device to fire bullets, but it is hazardous as a thing to be used to beat someone
• Something 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 claimed it was dangerous as a potential device for bludgeoning. The jury agreed and, as noted, convicted Christy. The Court of Appeals also approved and upheld Christy’s conviction and sentencing.

Understanding Maryland Concealed Carry Laws

Maryland has some of the strictest firearm regulations in the country, and Maryland concealed carry laws require individuals to obtain a Carry Permit before legally carrying a firearm. However, obtaining this permit can be complex, as it involves meeting specific requirements, including completing firearm safety training and proving a “good and substantial reason” to carry a gun. Without this permit, carrying a concealed firearm—or even certain weapons like BB guns—can result in criminal charges.

Many people ask, “Can you conceal carry in Maryland without a permit?” The answer is no. State law prohibits individuals from carrying concealed handguns or other dangerous weapons unless they have been granted legal authorization. Even with a permit, Maryland enforces strict regulations on where and how a firearm can be carried. Violating these laws can lead to serious legal consequences, including fines and potential jail time.

Furthermore, individuals often wonder if they can carry a gun in Maryland in public places. While Maryland does allow open and concealed carry under certain conditions, restrictions apply to areas like schools, government buildings, and private properties with posted prohibitions. Understanding gun laws in Maryland is crucial to avoiding criminal charges.

If you face legal issues related to concealed carry in Maryland, seeking legal representation is essential. The penalties for illegal firearm possession can be severe, making it critical to consult an experienced defense attorney who understands state firearm laws.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

The Law Office of Robert Castro has provided this article. 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.