Possession or Use of a Machine Gun Lawyer in Wicomico County, MD
Possession or use of a machine gun in Wicomico County is a serious felony under federal law (18 U.S.C. § 922(o)) and Maryland state law (Md. Code, Criminal Law § 4-301). Conviction can lead to a mandatory minimum 10-year federal prison sentence. Law Offices Of SRIS, P.C. defends clients in Wicomico County against automatic weapon charges. Contact us at (888) 437-7747 for a 24/7 consultation.
Statutory Definition of Machine Gun Charges
Both federal and Maryland law strictly prohibit the possession, use, or transfer of a machine gun without proper registration under the National Firearms Act (NFA). A machine gun is defined as any weapon that shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. This includes conversion devices, like auto-sears or Glock switches, that convert a semi-automatic firearm into an automatic one.
Last verified: March 2026 | District Court of MD for Wicomico County | Maryland General Assembly
Official Legal Resources
Understanding the statutes is critical. You can review the Maryland statute on machine guns (Md. Code, Criminal Law § 4-301). For federal charges, refer to the U.S. Code on unlawful acts (18 U.S.C. § 922). Local cases are prosecuted in the District Court of MD for Wicomico County or federal court.
Defense Strategy for Wicomico County Cases
Defending against a machine gun possession charge requires immediate action. In Wicomico County, these cases often involve joint investigations by local police, the Maryland State Police, and federal agencies like the ATF. The prosecution must prove you knowingly possessed the weapon. A strong defense may challenge the legality of the search, the weapon’s functionality, or your knowledge of its automatic capability.
- Secure Immediate Representation: Do not speak to investigators. Contact a lawyer experienced in federal and state firearm laws immediately.
- Case Assessment: Your attorney will review all evidence, including search warrants, forensic reports on the firearm, and any statements.
- Motion to Suppress: If the evidence was obtained through an illegal search, your lawyer can file a motion to have it thrown out.
- experienced Examination: A firearms experienced may be retained to examine the device to determine if it meets the legal definition of a machine gun.
- Plea Negotiation or Trial: Based on the evidence, your attorney will advise on the best strategy, which may involve negotiating a plea to a lesser charge or preparing for trial.
Potential Penalties for Machine Gun Charges
In Wicomico County, possession or use of a machine gun is a felony with severe mandatory penalties at both the state and federal levels.
| Charge | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Federal Possession (18 U.S.C. § 922(o)) | Federal Felony | 10 years to life (mandatory min.) | Up to $250,000 | Forfeiture of firearm, permanent loss of gun rights, supervised release. |
| Maryland Possession (Md. Code, CR § 4-301) | Felony | Up to 10 years | Up to $10,000 | State felony record, prohibition on firearm possession. |
| Use in Crime of Violence | Federal Felony (18 U.S.C. § 924(c)) | 30 years to life (consecutive) | Up to $250,000 | Mandatory consecutive sentence stacked on underlying crime. |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Firearms Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys, including former prosecutors, have a combined 120+ years of legal experience handling complex criminal cases, including those involving firearms. We understand the technical and legal nuances of machine gun charges. Our firm-wide track includes over 4,739 documented case results.
Case Results and Client Advocacy
Our team, led by Kristen Fisher with support from firm founder Mr. Sris, aggressively defends clients. We scrutinize every aspect of the prosecution’s case, from the initial investigation to the forensic analysis of the alleged weapon. While we cannot aim for specific outcomes, our approach is thorough and strategic, aiming for the best possible result in each case.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Wicomico County Residents
Law Offices Of SRIS, P.C.
Rockville/MD Location — Montgomery County area (by appointment)
Toll-Free: (888) 437-7747 | Local: (301) 363-4040
By appointment only.
Our Maryland office represents clients at Wicomico County courts. We serve communities including Salisbury, Fruitland, Delmar, Mardela Springs, Sharptown, and Pittsville. If you need a machine gun possession lawyer near Wicomico County, we offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Frequently Asked Questions
What is considered a “machine gun” under Maryland law?
Yes. Maryland law (CR § 4-301) defines it as a firearm that shoots automatically more than one shot by a single trigger function. This includes parts designed to convert a firearm to automatic fire, like auto-sears or conversion kits.
Can I be charged in both state and federal court for the same machine gun?
It depends. Dual sovereignty allows separate prosecutions. An automatic weapon charge defense lawyer Wicomico County can analyze your case to determine the most likely jurisdiction and build a defense strategy accordingly, often focusing on challenging the evidence that bridges to federal jurisdiction.
What are common defenses to a machine gun possession charge?
Common defenses include challenging an illegal search, proving lack of knowledge that the weapon was automatic, arguing the device is not functional, or asserting the firearm was properly registered under the NFA. An experienced lawyer will identify the strongest defense based on the evidence.
What should I do if I’m arrested for possession of an automatic weapon?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements. Contact a possession or use of a machine gun lawyer as soon as possible to protect your rights and begin building your defense.
Is there a mandatory minimum sentence for machine gun possession in Maryland?
While Maryland state law does not have a specific mandatory minimum for simple possession, federal law carries a severe 10-year mandatory minimum prison sentence. A conviction under either system results in a felony record and loss of firearm rights.