Maryland Attorneys Give Insight On Gun Questions and Answers

Maryland Attorneys Give Insight On Gun Questions and Answers

Some Maryland attorneys give advice should you be questioned by the Maryland State Police on the guns you might own. These advices should not be taken as legal advice; when in doubt, get your own lawyer.

No authority to question
The first attorney comments that the state police does not have the authority to nor the permit to inspect your home for guns.  As has been proven time and again, inspections that intrude upon the holiness of the home require a warrant that requires a judge to procure.

Before a judge will grant that warrant, there has to be probable cause – meaning the police needs to have some sort of evidence that they need to search your home for something. If there is no compelling reason to search, the judge will not authorize a warrant.

Possible strategy
The Maryland attorneys give the following strategy should a member of the Maryland State Police come knocking on your door. First, you should ask them the reason they want to go inside. A simple “What brings you here, officer?” should suffice.

Second, it is very important that you ask them if they have a warrant or not. This is, after all, the crux of the matter. As mentioned above, Maryland attorneys do not believe that the police have the authority to do warrantless inspections.

If the police do not have a warrant, continue being polite to them but insist that you will speak to them outside your home. Be firm in your position. If they persist, tell them that you feel threatened and that you will only continue to speak after you’ve called your attorney.

Submission and compliance
The second attorney recommends another course of action – that is, be compliant with the requests of the officers. Although he also believes that the police do not have the authority to perform warrantless inspections, there might be a legitimate reason for the search.

In this case, the guns being asked about could be linked to some crime that might be too far-related that a judge was not persuaded to give a warrant. The old adage applies: if you have nothing to hide, you have nothing to lose.

Basic protection
Of course, being compliant does not mean you have to forgo any of your constitutionally acquired protections. Make sure you request for the officer’s information such as badge number, unit, and the name. If they you get threatened, tell them you would like to speak to your attorney.

Remember that being polite and decent will go a long way. Do not give the officers any reason to arrest you, because they will do so given one. Both Maryland attorneys agree that if you invited the officers in if they did not have warrants, you can always ask them to leave.