Possession Or Use Of A Machine Gun Lawyer Maryland — What Are Your Defense Options?
Possession or use of a machine gun in Maryland is a severe felony under both state and federal law, carrying mandatory minimum prison sentences. The Law Offices Of SRIS, P.C. provides immediate legal help for individuals charged under Md. Code, Public Safety § 5-101 and the federal National Firearms Act.
What Constitutes Possession or Use of a Machine Gun Under Maryland and Federal Law?
In Maryland, a “machine gun” is defined under Md. Code, Public Safety § 5-101 as a 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 the frame or receiver of any such weapon, any part designed and intended solely for use in converting a weapon into a machine gun, or any combination of parts from which a machine gun can be assembled. The federal definition under the National Firearms Act (NFA), 26 U.S.C. § 5845(b), is substantially similar, creating overlapping jurisdiction.
Last verified: April 2026 | Maryland Courts | Maryland General Assembly
The firm was founded in 1997 by former prosecutor Mr. Sris, whose background in accounting and information systems provides a unique advantage in cases involving technical firearm specifications and financial tracing.
Official Legal Resources
- Md. Code, Public Safety § 5-101 (Official Maryland General Assembly)
- Maryland Courts Official Website
Local Court Procedures and Defense Strategy for Machine Gun Charges
Charges for possession or use of a machine gun in Maryland are typically prosecuted at the Circuit Court level due to their felony status. Prosecutors in jurisdictions like Montgomery County and Prince George’s County treat these cases with high priority, often seeking federal collaboration. A key local procedural fact is that state charges under § 5-101 can be filed concurrently with federal charges from the ATF and U.S. Attorney’s Office, creating a dual-jurisdiction threat that requires a defense team experienced in both systems.
- Immediate Case Assessment: After arrest, secure all documentation and communicate only through your attorney. Do not discuss the firearm’s origins or functionality with law enforcement.
- Bail Hearing: Prepare for a contested bail hearing. Given the severity of charges, prosecutors will argue for detention. We present arguments for supervised release, often with electronic monitoring.
- Evidence Review: Conduct a forensic examination of the firearm in question with a qualified experienced to challenge the ATF’s classification and the functionality of the device.
- Motion Practice: File pre-trial motions to suppress evidence obtained from illegal searches or seizures, which are common in firearm cases.
- Plea Negotiation or Trial: Based on the strength of the evidence, negotiate for a reduction to a non-machine gun offense or prepare for a trial focusing on lack of knowledge or constructive possession.
Potential Penalties for Machine Gun Offenses in Maryland
In Maryland, possession, use, or transport of a machine gun is a felony punishable by a mandatory minimum of 5 years in prison, with a maximum of 20 years, and fines up to $10,000 under state law. Federal penalties under the NFA are even more severe.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | Felony | 5-20 years (Mandatory min. 5 yrs) | Up to $10,000 | Forfeiture of firearm, permanent loss of gun rights, federal prosecution likely. |
| Use of a Machine Gun in a Crime of Violence | Felony | 20 years to Life (Mandatory min. 30 yrs federal) | Up to $250,000 federal | Consecutive sentencing with underlying crime, asset forfeiture. |
| Illegal Transfer/Manufacture | Felony | 5-20 years | Up to $10,000 | ATF investigation, potential federal charges under NFA. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Machine Gun Charge Defense?
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our “Advocacy Without Borders” approach is critical for machine gun cases, which often involve both Maryland state courts and the federal system. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on these high-stakes matters. Our team understands the technical definitions, the aggressive tactics of federal agencies like the ATF, and the local court procedures that can impact your case.
Our Approach to Your Case
We immediately work to isolate your case from federal jurisdiction where possible, challenge the technical classification of the firearm, and attack the legality of the search or seizure. In one case handled by the firm, our attorney successfully argued for the suppression of a machine gun charge after demonstrating flaws in the police inventory and chain of custody, skilled to a dismissal of the most serious count. Results may vary. Prior results do not aim for a similar outcome. Mr. Sris, with his multi-state practice and background in complex systems, provides additional strategic depth for cases with federal overlap.
Contact Our Maryland Criminal Defense Team
Law Offices Of SRIS, P.C.
199 E. Montgomery Ave, Suite 100, Room 211
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747 | Local: (301) 363-4040
By appointment only.
Our Rockville location is central to Montgomery County Circuit Court. We provide legal help for individuals facing possession or use of a machine gun charges across Maryland, including in Baltimore, Annapolis, and Frederick. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions (FAQs)
Is possession of a machine gun always a federal crime?
Yes. Possession of a machine gun that is not registered under the National Firearms Act (NFA) is a federal felony, regardless of state law. You can face simultaneous charges in both Maryland state court and federal court, making immediate legal consultation with an attorney experienced in both systems critical.
What is the difference between a semi-automatic rifle and a machine gun under the law?
It depends entirely on the firearm’s mechanism. A semi-automatic fires one round per trigger pull. A machine gun fires multiple rounds automatically. The legal definition hinges on this automatic firing capability. Modifications like a “bump stock” or auto-sear can convert a semi-automatic into a legally defined machine gun, triggering severe penalties under Md. Code, Public Safety § 5-101.
Can I get bail if charged with possession of a machine gun?
It depends. Bail is not automatic for this serious felony. Prosecutors will argue you are a danger to the community. A skilled lawyer can present arguments for supervised release with strict conditions, such as electronic monitoring and surrender of passports, to secure your release pending trial.
What are the mandatory minimum sentences?
Under Maryland state law, possession of a machine gun carries a mandatory minimum sentence of 5 years in prison. If the machine gun is used in a crime of violence, federal law imposes a mandatory minimum of 30 years, which must run consecutively to any other sentence imposed.
What defenses are available?
Potential defenses include challenging the legality of the search (Fourth Amendment), arguing you lacked knowledge the firearm was a machine gun, proving the firearm is not technically a machine gun as defined by law, or asserting the evidence was obtained through entrapment. An attorney can identify which strategy fits your case.
Related Practice Areas: If you are facing other serious charges, our firm also provides strong defense for Maryland Criminal Defense and Federal Criminal Defense.
Last verified: April 2026. Laws and procedures change. Contact the Law Offices Of SRIS, P.C. at (301) 363-4040 for the most current legal guidance regarding possession or use of a machine gun charges in Maryland.