Frederick, MD asked in Criminal Law, Federal Crimes and Civil Rights for Maryland

Q: Can a convicted felon own a BB gun or air soft gun? I know a convicted felon can own

A black powder gun and bow and arrow so can a convicted felon own a BB gun in Maryland can someone please help

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Maryland, the legality of a convicted felon owning a BB gun or airsoft gun is not entirely clear, as these types of guns are not specifically addressed in Maryland's firearms laws. However, it's generally advisable for convicted felons to avoid possessing any type of gun, even if it is not considered a firearm under the law.

Here are a few key points to consider:

1. Under federal law, convicted felons are prohibited from possessing firearms and ammunition. While BB guns and airsoft guns are not typically considered firearms under federal law, it's still wise for felons to exercise caution.

2. Maryland law prohibits certain individuals, including convicted felons, from possessing regulated firearms, which are defined as handguns and certain assault weapons. BB guns and airsoft guns do not fall under this definition.

3. However, if a BB gun or airsoft gun is used in the commission of a crime, it may be treated as a firearm under the law, which could lead to more severe consequences for a convicted felon.

It's always best for a convicted felon to consult with a local criminal defense attorney who is well-versed in Maryland's gun laws to get a clear understanding of their rights and restrictions. Additionally, felons should be aware that owning any type of gun, even if legally allowed, could potentially violate the terms of their probation or parole.

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