Legal Question in Criminal Law in Maryland

how can i find out if the firearm i am charge with is a antqiue? My house was raided april 23 2010, there reason for raiding was they said we were selling drugs but really it was the vacent house next door they said i was a black female and i am white i am charged in a federal court as of feburay the 2 2011 i am not charged with any drugs, can that be a motion for dismissal since the probable cause was drugs? Please help me as i have payed over 8000 in lawyers and bails when the case was with the state now almost a year later federal court has picked up my case i am also trying to find out if this gun is exempt from US law it is very old but has been test fired and is operable


Asked on 2/16/11, 3:01 pm

2 Answers from Attorneys
Marc Snyder The Law Office of Marc G. Snyder

I believe your question asks how can you find out if the firearm you have been charged in connection with is an antique? Answering this does not necessarily require a legal education. In fact, this might be better addressed by experienced collectors, pawn shop operators, auctioneers, and others in similar professions.

I can tell you that for a firearm to be considered an antique for the purposes of criminal prosecution, the firing mechanism must be disabled and it goes without saying that the firearm cannot be loaded and able to fire.

Most possessors of antique weapons, including knives, swords, magic wands, and firearms possess these items for their collector value and not to be used as a weapon, per se. Your best bet to determine if the firearm you are asking about is, indeed, an antique is to take it to a pawn shop in your area that also sells similar items. They will be able to tell you the history of the firearm, the collector's value it possesses, if any, and how to keep it so it is considered a collector's item and part of your collection, and not a firearm to be used as part of a criminal act.

If you need help with your charges and possible defense in Court, please feel free to give me a call at (410) 653-0065 and I will be happy to discuss this in more detail.

Good luck!

Marc

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Answered on 2/16/11, 4:06 pm
William Welch William L. Welch, III Attorney

If you cannot afford private counsel, remember that you can contact the court. If you qualify, the court will appoint counsel.

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Answered on 2/16/11, 5:45 pm


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