Gun Crimes

Published on: December 22, 2016

Feds Not Overlooking Gun Possession Cases

Maryland has some of the toughest gun laws in the country, and concealed carry licenses nearly impossible to obtain. A law abiding citizen basically has to prove that he or she has a legitimate need to carry a gun to even be considered for a carry license, and a large percentage of applications are denied. Many people, especially out of state residents, carry or transport firearms within the state illegally without even knowing it, and others know full well they are breaking the law but do it anyway. Either way, the strict laws on who can carry or transport a firearm and how they must legally do it make simple gun possession an extremely common offense in our state. But the strict laws don’t always mean harsh sentences for defendants. While some jurisdictions place a particularly high level of scrutiny on gun cases, most treat these cases like any other. And there are plenty of pro gun judges that decline handing down sentences that fall in line with the state legislature’s overzealous intent. However, under the current administration the federal government has continued to place an emphasis on vigorously prosecuting gun cases, especially cases involving illegal possession by a convicted felon.

Most people would associate federal criminal prosecutions with charges such as drug trafficking, fraud, money laundering, racketeering, and perhaps white-collar offenses, complex theft schemes, and crimes committed in multiple states. But the U.S. Attorney’s Office in Baltimore City has shown a willingness to get down and dirty in prosecuting simple firearms cases that involve one defendant and one gun. The feds are not too busy to make sure convicted felons possessing guns in Baltimore see the inside of a jail cell, and they know the only way to accomplish this may be to to make sure it’s a federal jail.

Federal prosecutors in Baltimore have been inclined to take cases from city prosecutors, often sending letters offering their services. And when they take a case out of state court it usually means bad news for the defendant. State law provides a fifteen-year maximum penalty for a felon or other disqualified person in possession of a firearm, and if the disqualifying offense was within 5 years then a minimum mandatory prison sentence may apply. Defendants in state court rarely receive anywhere near the maximum jail sentence, and rightly so. In most of these cases the defendant is only disqualified from possessing a firearm due to street level drug offenses that have no business being classified as felonies. But in federal court a defendant in an unlawful gun possession case is far more likely to serve serious prison time, and two recent cases support that contention. The U.S. Attorney’s Office recently announced that a 28-year old Baltimore man was sentenced to 15 years in prison for possessing a loaded .45 caliber handgun. The man never brandished the handgun or used it in the commission of another offense, but rather threw it in an alley as he allegedly ran from city police officers. And just one day before that case another man pled guilty to possession of a stolen gun in the same federal court downtown. This man was also prohibited from possessing a firearm due to previous felony convictions, and is due to be sentenced in the coming months. He too could face a lengthy prison sentence, although it won’t be the 15 years his younger counterpart received. The Blog will continue to follow the federal government’s prosecution of gun possession cases, as we may see a shift when the new administration takes over in January.

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Published on: October 2, 2016

Maryland Cities Look To Ban Toy Guns

By Benjamin Herbst

Maryland has some of the toughest firearm laws in the country, with harsh penalties for illegal possession and all out bans on many popular gun models. But the focus is not confined to working and operable firearms any longer, as legislation to ban toy and replica guns in now in the works in at least two jurisdictions within the state. The proposed bans did not come out of the blue, but rather were prompted by an incident in Baltimore City where a 13-year old boy brandishing a replica pistol was shot by a police officer that feared the replica was the real thing. Luckily the boy survived, but the two bullet wounds he sustained could have easily ended his life prematurely. While this potential disaster generated a good deal of press, there are likely hundreds of incidents each year where cops are placed in the dangerous position of encountering citizens with replica guns. Rather than hope their officers make the right split decision, Baltimore City and Salisbury want to take measures to assure their officers are no longer placed in this perilous position in the first place.

The Baltimore City Counsel recently introduced a bill that would ban ownership and possession of replica guns within city limits. The bill is specifically focused on replicas with largely similar characteristics of their real counterparts, which does not include toys such as water pistols and Nerf type guns. Rather it will focus on BB and pellet guns, as well as replicas that are the same size, shape and color as common handguns and rifles. The proposed law is not designed to throw kids in jail for carrying around plastic pistols, as city officials have suggested minor penalties for first and even second time offenders. Violators would face a civil citation and seizure of the replica weapon for a first or second offense, while criminal penalties could come into play upon a third offense. As it stands now a third time offender faces arrest, and then a maximum penalty of 30 days in jail and a $1,000 fine. Since this would be a city code violation the city attorney could be the office that ends up handling the prosecutions of these cases, though it is a little premature to speculate on this.

Officials in the city of Salisbury have also stated their desire to institute a ban on replica guns, which would likely be similar to the law in Baltimore. Salisbury legislators plan to hammer out the details of the proposed bill in the coming weeks. The Blog will update the progress of these potential city laws, and will post a follow up article if necessary. We will also monitor the 2017 Maryland legislative session to see if state lawmakers put replicas on their agenda.

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Published on: May 19, 2016

Police Announce Large Howard County Marijuana Bust

By Benjamin Herbst

Howard County may not be known for high volume drug trafficking, but a recent marijuana bust near Columbia captured state headlines last week for its shear size. Police are reporting that the 600 pot plants found in a four bedroom Glenelg home set the record for the county’s largest illegal marijuana grow operation, and two suspects were arrested and charged with multiple felonies. The male and female defendants were apparently renting the home, which was auctioned off last month. Upon visiting the recently acquired property, the new owner saw a suspicious van in the driveway and called police. Cops then allegedly smelled a strong odor of marijuana and observed other suspicious signs at the property, and they applied for a search warrant. In addition to the plants, the search revealed a sophisticated growing operation with ventilation, hydroponics and lighting systems. Police also found 8 pounds of packaged marijuana, THC wax, $75,000 cash, heroin, prescription pills, cocaine and a firearm. The estimated street value of the seized plants was over $270,000.

The female defendant was found in the home at the time of the search, and was arrested that day. She was charged with two felonies including manufacturing CDS and possession with the intent to deliver. Each of these charges carries a five-year maximum jail sentence because the drug at issue was marijuana, and not a narcotic such as heroin. The female defendant is also charged with two counts of possession, most likely for the heroin, pills or cocaine that was found. These charges are misdemeanors that carry a four-year maximum sentence. Currently the female’s case is set for a preliminary hearing on June 3^rd in the Ellicott City District Court, but the case will likely be indicted and sent straight to the Circuit Court for Howard County.

Police did not arrest the male defendant at the grow house, but found and arrested him shortly thereafter. He was charged with the same two felony counts plus an additional felony count for possession of a firearm in a drug trafficking crime. This charge carries a mandatory minimum prison sentence of five years and a maximum sentence of 20 years, and in this case was likely filed due to police finding a shotgun at the house that they traced back to male defendant. Section 5.621 of the Maryland criminal code applies to anyone who possesses a firearm during the commission of a drug felony. It serves as an enhancement, and is part of the state’s concerted effort to jail defendants that commit crimes with guns. Unfortunately police officers and even prosecutors often wrongfully incorporate this particular statute. The appellate courts have repeatedly said that the firearm at issue must have some sort of nexus or connection to the drug felony. In other words the government must prove that the gun served a purpose in furthering the crimes, which in this case were manufacturing and possession with intent. If the defendant was not dealing marijuana out of the rental house, and the gun was simply there with his other possessions then there would be no nexus to the drug crimes. On the other hand, if the defendant kept the gun as protection during his illicit transactions then there would be a nexus.

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Published on: May 1, 2016

Baltimore And D.C. Causing Increased National Murder Rate

By Benjamin Herbst

During the early and mid nineties violent crime within the city limits of Baltimore and Washington reached unprecedented critical levels. In 1990 there were 474 murders in D.C., which led to the capital city taking on the notorious title of our nation’s murder capital as well. One year later a record 479 homicides were documented. Thirty miles north Baltimore was experiencing the same type of violent crime spike, with a record 353 murders taking place in 1993. Those who have studied crime in the early 90’s have often attributed the murder spike to the proliferation of crack cocaine as a big business street drug. With the lucrative business came turf wars between well-funded and well-armed gangs, who would kill for much less than preserving their profitable racket.

As law enforcement became more sophisticated and local governments began focusing on cracking down on the crack epidemic, these two troubled cities witnessed a dramatic decrease in their murder rates. By 2011 there were 196 murders in Baltimore, and in 2012 there were 92 total murders in Washington, which was the lowest total since the early 1960’s. These numbers, although nothing to be proud of, have remained fairly consistent over the past decade until last year, when troubling data came from both cities. Baltimore reported a staggering 344 homicides in 2015, which factoring in the city’s population decrease actually translated into a higher per capita murder rate than the record year of 1993. This was a 63 percent increase from 2014, and Washington wasn’t much better after reporting a 51 percent jump in homicides from 2014 to 2015. These increases were so significant that they almost single handedly caused the national murder rate to spike 13.3 percent last year. Chicago is also partially responsible, but their rate increased by a much lower 13 percent.

It is almost impossible to pinpoint an exact cause for the rise in murders and other violent crimes. In Baltimore though at least some of the spike can be attributed to the unsettled atmosphere following the spring riots, which also led to some western district police precincts decreasing their normal crime fighting tactics and deliberately becoming less of a presence. The spike in Washington is more of an enigma, though the some of the same factors could have contributed to the violence in D.C. Urban police officers in the entire country were undoubtedly hesitant to be proactive while on duty last spring and summer, as the whole world was watching with a microscope.

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Published on: January 3, 2016

Strict Maryland Laws Creating Market For Gun Trafficking

By Benjamin Herbst

Maryland has always been relatively tough on guns, and in the last two years new firearm legislation has made it one of the toughest states in the country. But whether these strict laws actually work to curb gun violence is an issue that will be debated for years to come. The Firearms Safety Act has only been around for a year and a half, so it is impossible to make sweeping conclusions on its effectiveness yet. One thing is for certain though; the strict gun laws create a lucrative market for out of state gun traffickers, which has become a priority for the local United States Attorney’s Office. This past week federal authorities announced the conclusion of a seven-month investigation that has eliminated a gun trafficking ring operating from Tennessee. The investigation yielded seven arrests, with three of the suspects being previously convicted felons. This particular group would allegedly purchase various guns in Tennessee with the intent of selling them for a profit in Baltimore. Now, each faces up to 10 years in prison for illegal gun possession and additional time for conspiracy charges.

The federal prosecutor’s office boasted that this bust put an end to an operation that flooded Baltimore with upwards of 30 guns per week. While this is certainly an achievement for law enforcement, according to the ATF only 39 of the some 5,000 seized guns in Maryland actually came from Tennessee. Over 300 were traced back to Pennsylvania, and about 500 came from Virginia. In total about 2,200 seized guns originated from outside states, prompting some to argue that overly tough state gun laws simply create an illegal market for firearms trafficking. If the gun stores can’t sell certain guns legally then those who really want them will look to purchase them illegally. Illegally purchased firearms present law enforcement with a whole new set of problems because they cannot be accurately traced, and they often fall into the hands of people that would otherwise be prohibited from purchasing a gun.

State officials who support tight gun control would argue that you have to start somewhere, and it is unwise to base your own policy decisions on what your neighbors are doing. At the same time the regional climate with relation to gun control should always be a consideration when drafting new legislation. Especially legislation that is as sweeping as the firearms safety act. In addition to creating a larger market for illegal gun trafficking within our state’s borders, the act is also affecting the state’s economy. Beretta USA has been manufacturing the standard military issue pistol in Maryland since the 1980’s, but now that 15 round magazines have arbitrarily been declared illegal here the company is closing the factory and moving out of state. The firearms safety act now prohibits law-abiding citizens from purchasing a handgun that is a standard issue side arm for the Army. The proponents of the act argued that a private citizen has no need for a handgun with a capacity of more that 10 bullets, and maybe they’re right. On the other hand the cost benefit of an outright ban of this type of handgun doesn’t seem to add up. We’re seeing a spike in illegal gun trafficking and a large factory with hundreds of jobs moved out of state. But are we safer? That remains to be seen, and the Blog will post a follow up article in the future on this topic so stay tuned.

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Published on: December 10, 2015

Botched Towson Robbery Results In Deadly Shooting

By Benjamin Herbst

Two men recently attempted to rob a popular downtown Towson liquor store and one lost his life as a result. The attempted robbery occurred around 7 p.m. Monday night in the middle of Baltimore County’s capital city, and just blocks from the district and circuit courthouses. One of the two men was armed and pointed his handgun directly at the store clerk’s head while demanding money. What the robber didn’t realize was that the clerk was armed as well, and unfortunately for all those involved the clerk was forced to use his firearm. The 68 year-old clerk shot one of the robbers multiple times in the torso before both attempted to flee the scene on foot. One suspect got away and is still at large, while the other collapsed shortly after exiting the store. This suspect, a 25 year-old man from Baltimore eventually passed away from his injuries.

Baltimore County Police are currently investigating the incident, but the liquor store is back open for business and is no longer and active crime scene. After the police have concluded their investigation they will forward the case on to the state’s attorney’s office where a decision will be made whether to pursue charges against the clerk. It seems like a forgone conclusion that the prosecutor’s office will deem this an incident of self -defense, and the odds of the case even going to a grand jury are slim to none. Shop owners and employees are treated the same as homeowners and residents under the Maryland laws for possessing a handgun. No license is needed as long as the firearm is within the property of the business, and the person who possesses the gun is a bonafide employee or agent.

The question of whether the clerk was legally justified to shoot the robber is a basic self-defense inquiry. If the clerk reasonably feared for his life then he is justified to meet deadly force against deadly force. A handgun is by definition a deadly weapon, and pointing a gun at someone in a threatening manner is considered the use of deadly force regardless of whether a verbal threat to shoot was made. The clerk’s description of the events combined with the fact that police found a gun on the deceased would meet the requirements for the justifiable use of deadly force. The incident was likely captured on video that police and the state’s attorney will view, but video does not seem necessary to exonerate the clerk in this case. The deceased had been convicted of armed robbery and carjacking back in 2007, for which he served less than 10 years of a 20-year prison sentence. He was not out of jail for long before he violated his probation, and was scheduled for a VOP hearing in the Baltimore City circuit court in April. While this information is not exactly relevant to the state’s attorney’s decision with respect to the store clerk, it is definitely not something that will go unnoticed.

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Published on: December 4, 2015

Prince George’s County Cop Found Guilty of Assault

By Benjamin Herbst

A jury recently found a former police officer guilty of multiple violent crimes after a two-day trial in the Circuit Court for Prince George’s County. The shamed officer was indicted for an incident that occurred in May of 2014, when the officer questioned a man for sitting in a parked car. The man was parked in front of his Bowie home along with his cousin, and exited the vehicle after exchanging words with the officer. As the man was walking toward his front door the former patrol officer pulled out his firearm and ordered the man back in the car. The officer then pointed his gun at the victim’s back as he directed him to the vehicle. After the cop pushed the victim they turned to face each other, and at this time the cop had his gun pointed directly at victim’s head and then with the barrel mere inches from his face. The victim was then arrested for disorderly conduct, a case that was dismissed by prosecutors six months later.

The verdict came down earlier this week, and shortly thereafter the county police department release video of the incident, which was filmed on a cellphone. After viewing the video it was immediately apparent why the twelve jurors found the officer guilty of all the serious crimes for which he was charged. The charges included first degree assault, second degree assault, use of a handgun in a crime of violence, and misconduct in office. First degree assault is a felony that carries a maximum 25 year sentence, while second degree assault is a misdemeanor with a 10 year maximum. Misconduct in office is a common law crime with no specific maximum penalty. While each of these three crimes certainly carries severe punishments, it is the misdemeanor use of a handgun during a crime of violence charge that will carry the most weight. A conviction for this offense carries a mandatory minimum 5-year prison sentence that may not be suspended. In addition a defendant sentenced under this statute is not eligible for parole. Sentencing is set for early January, and will likely include a term of probation after expiration of the mandatory prison time.

During a press conference this week the police commissioner for Prince George’s County condemned the officer’s actions, and implored the public to refrain from passing judgment on the other 2,000 plus officers in the department. He stated that this was a criminal act of a single man and will not be tolerated in any way. While the officer is technically still with the department, his firing is a mere formality at this point. He has been suspended without pay since the indictment came down, and the only thing preventing his termination is the administrative process that government employees are afforded before being fired. This is certainly a busy week in Maryland for police misconduct cases, as Baltimore City police officer is currently in trial for his role in the death of Freddie Gray. The Blog will continue to follow both of these cases and may post a follow up article in the near future.

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Published on: November 11, 2015

State Ends Ballistic Fingerprinting For New Guns

By Benjamin Herbst

Regular readers of the Blog are aware that Maryland has enacted some of the toughest gun laws in the country. We have published numerous articles on this topic, including the red tape inhibiting law-abiding citizens from owning guns and obtaining concealed carry permits. Truth be told, it’s near impossible for an average Joe with no criminal record and a 9 to 5 job to be able to carry a handgun in our state. And while purchasing a gun is hardly an insurmountable task, it’s not walk in the park either. As far as criminal defendants are concerned, there are numerous statutes that include mandatory minimum jail sentences for gun crimes. Convicted felons or those previously convicted of a violent crime such as assault that are found in possession of a handgun face a daunting 5-year mandatory minimum prison sentence. In fact even those without a criminal record face the possibility of a 30-day minimum sentence for wearing, carrying or transporting a handgun. In addition there are numerous gun enhancements within other criminal laws such as the mandatory sentence for possession of a handgun in a drug trafficking crime.

While the state gun laws range from a pain for lawful buyers to a potentially life changing sentence for defendants, they also affect manufacturers and shop owners. The shop owners can’t sell as many guns because the laws dissuade potential buyers from taking the plunge. Sure, the gun lover will always be a good customer who is willing to deal with the red tape. But the new buyer, the one who is interested but has never owned a gun, is more likely in Maryland to say it’s just not worth it, and spend the money elsewhere. And finally there are the gun manufacturers. These manufacturers are hardly as sympathetic as the buyer or the local shop owner, but the burden of strict gun laws weighs on them as well.

Fifteen years ago the legislature enacted a law requiring gun manufacturers to fire a bullet in every gun they wished to sell in Maryland and then to send the spent casing to state law enforcement. Upon receipt the state police cataloged each casing and store them in the basement of its Pikesville headquarters. The goal was to build a massive database of every gun in the state for a crime-solving tool known as ballistic fingerprinting. On a microscopic level each gun leaves slightly different markings on the casing and the projectile, so in theory a casing recovered from a crime scene could be matched up with a specific firearm. With respect to the Maryland program the theory never played out once in 15 years. The state has spent over $5 million to record and store over 300,000 casing, and none of which have ever been attributed to solving a crime.

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Published on: October 16, 2015

State Police Announce Wicomico County Drug Bust

By Benjamin Herbst

The Maryland State Police recently announced one of the largest drug busts on the Eastern Shore over the last few years. On Tuesday a combined law enforcement initiative known as the Wicomico County Narcotics Task Force executed a search warrant at the home of a suspected heroin dealer. Two suspects, a 33 year-old male and a 33-year-old female, were arrested after police found 2.5 pounds of heroin, with a street value of approximately $500,000. Law enforcement also seized over $100,000 in cash, scales, plastic baggies, drug paraphernalia, ammunition, and three firearms. One of the firearms was a .22 caliber automatic assault rifle with a high capacity magazine and an obliterated serial number that prevented it from being identified. The other two firearms were handguns that had been reported stolen. One was a .357 revolver taken from Somerset County, and the other was a .40 caliber semi automatic pistol with an illegal extended high capacity magazine. The pistol had been reported stolen from Worcester County. The male suspect is being held without bail at the Wicomico County Detention Center, while the female was released after posting a $25,000 bail. Both have preliminary hearings set in the District Court, which will likely be cancelled after the cases are presented to a grand jury.

The investigation of the male suspect began back in January of this year, and law enforcement soon realized that they were potentially dealing with a large-scale heroin distributor. The narcotics task force, made up of state and local police departments including the Salisbury and Fruitland police departments and the Wicomico County Sheriff’s Office, conducted extensive surveillance of the male suspect and the residence that was searched. Police likely used multiple confidential informants and undercover officers to maximize the amount of evidence used in securing the search warrant. Nobody was injured when the search warrant was carried out this week, although a dog was shot and killed when it allegedly ran toward an undercover officer in an aggressive manor.

Upon consulting with the State’s Attorney’s Office, police eventually charged the pair with multiple drug and weapon related felonies, some of which carry minimum mandatory prison sentences. Both are currently charged with a violation of the CDS possession of a large amount statute that is part of the state law against volume dealers. This law is particularly harsh when it comes to heroin and other opioids, as only 28 grams are required to trigger a large amount charge. For comparison sake the 2.5 pounds that police allegedly found in this bust amounts to over 1,100 grams. This statute provides a minimum punishment of 5 years in prison, which upon conviction cannot be suspended and defendants are not eligible for parole. The pair is also charged with three counts of possession of a firearm in a drug trafficking crime, and each of these charges also carries a minimum 5 years without parole. Other charges include possession with intent to distribute and illegal possession of a firearm. The male suspect is also charged with firearm possession by a convicted felon because he was found guilty of felony CDS distribution of narcotics in 2004.

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Published on: February 18, 2015

Appellate Arguments Scheduled For Maryland Gun Law

By Benjamin Herbst

The Maryland Firearms Safety Act survived one challenge to its constitutionality back in the summer, and now the controversial law faces yet another hurdle next month. The act, which went into effect back in October, garnered national attention for being one of the strictest of its kind. Several types of handguns, assault rifles, and high capacity magazines received an all out ban, and increased security restrictions were placed on gun purchasers. Second Amendment lobbyist groups immediately admonished the gun law, and backed a lawsuit against its constitutionality in federal court. The plaintiffs argued that the Act infringed upon the rights guaranteed by the Second and Fourteenth Amendments, and was therefore unconstitutional. But a federal district court judge in Baltimore disagreed and ruled that the act, while restrictive, was crafted in a way as to not be overly burdensome. Soon after word came down from the district court the gun rights advocates filed an appeal in the Fourth Circuit Court in Richmond. Now after couple months of downtime it appears we are a little bit closer to learning the final fate of the gun law.
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