30 Jan 2023

43

The Defendants May Be Liable for Illegal Possession of Unlicensed Firearms

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Academic level: College

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Anne Arundel, a Maryland police officer, arrested Mr. Jonathan Brown for weapon offenses, possession, and controlled substances distribution. The officers responded to a 911 call made by a concerned citizen that they suspected marijuana selling and smoking in house 123 on Annapolis's tenth street. As the officers walked to the door, they saw Mr. Brown through the living room window and a guest both smoking something while watching the television. They noted that Mr. Brown had a hefty baggie containing some greenish substance next to the person standing by the couch. From the experience, knowledge, and training of the police officers, the smoking device used and detected scent suggested that the baggie contained marijuana. When the officers got into the house, they informed Mr. Brown as well as his guest that they had seen them smoking marijuana and witnessed the marijuana baggie transfer between the guest and Mr. Brown. The officers retrieved a handgun hidden between the cushion where Mr. Brown sat, and a further search on the couch led to the discovery of three more handguns. Further search led to the discovery of $1,541, digital weighing scales on Mr. Brown and a marijuana baggie on his guest. The police arrested and charged Mr. Brown with possession and distribution of illegal drugs and four accounts of carrying unregistered handguns, as two did not have valid firearm permits. The ownership of the handguns is still under contention. Maryland laws ban the possession of handguns and make it a crime to possess unregistered firearms. The Second Amendment allows individuals to possess firearms for self-defense within homes. However, unlawful possession of unlicensed guns is a crime punishable by the law. The illegal firearms found in possession of the defendant are still under contention. However, the defendant knowingly and intentionally possessed the firearms because they were recovered from his dwelling place. Moreover, he is not a registered firearm user. According to the criminal law title 5 subtitle 6, §5-601 of Maryland, Mr. Brown knowingly and intentionally transferred controlled substances to the other house occupant who received the drugs (Justia, 2017). At the time of the arrest, both the defendant and the drugs' recipient were above 21 years. The policy found that the quantity of the controlled substance was more than 1 kilogram. According to the Maryland criminal code of law 4 Citation: §4-203 (Justia, 2017). In the case, Mr.Brown and his co defender are likely to be sentenced for the felony of wearing, carrying, or transporting unlicensed handguns discovered in his house by the police. In the District Of Columbia V. Heller, the court of law held that the right to possess firearms for self-defense is guaranteed through the second amendment. However, rights limit the type of weapon and demands for licensing. However, the defendant did not adhere to the regulations and is guilty of a misdemeanor and liable to conviction. If not previously convicted of the same offence, he may face imprisonment of a minimum of 30 days or and maximum of three years or a minimum fine amounting $ 250 and a maximum of $ 2,500. Any person violating the §§ 5–602 through 5–606 provision is guilty of a felony may be convicted for a jail term not exceeding five years, or a fine not more than $15,000. Mr. Brown was found in possession, selling off a controlled substances obtained without authorization. His counterpart is guilty of possession with intent. Mr. Brown and his counterpart possessed more than 10grams of cannabis, a civil offense subject to punishment under the law. The evidence presented is admissible in the court of law. 

Conclusion 

The police discovered illegal firearms and marijuana in the residence of Mr. Brown. He was found in possession of controlled substances with the intent of selling. The police observed him holding the baggie containing marijuana, and when they got into the house, he had transferred it to the other person. Moreover, the digital weighing scales and money retrieved from Mr. Brown indicate that the Marijuana exchange was a trade. Although the handguns' ownership is still under dispute, they were retrieved from the defendant; hence, he is liable for possession. The evidence presented is sufficient to convict the defendant for distributing controlled substances and carrying, wearing, and transporting unlicensed firearms without a valid license. 

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References 

Justia (2017). 2017 Maryland Code Criminal Law. Justia US Law . Retrieved from https://law.justia.com/codes/maryland/2017/criminal-law/ 

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StudyBounty. (2023, September 14). The Defendants May Be Liable for Illegal Possession of Unlicensed Firearms.
https://studybounty.com/the-defendants-may-be-liable-for-illegal-possession-of-unlicensed-firearms-essay

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