Facts
Ms. Williams resides at 12 West Avenue, Annapolis, MD; on December 2, 2022, her home was invaded by unknown individuals. The incident occurred when Ms. Williams returned home around 5: AM from her night shift and sport two unknown individuals carrying flashlights in her living room through the window. Ms. Williams then contacts the police through 911 calls, and the police respond immediately. The police arrest the two individuals, who happen to be identified as Jim Brandy and Tom Wilson. The police recovered several items from Jim’s brandy, including a handgun and three glassine envelopes containing a white powdery substance. From Mr. Wilson, on the other hand, the police recovered two digital scales, $2,336 in cash, a revolver, and a prescription drug bottle prescribed to Julia Williams containing 10 Percocet tablets. The guns owned by the two individuals are not legally registered and do not have valid permits.
Issues
From the facts demonstrated in the above incident, it is clear that Jim Brandy and Tom Wilson have violated several Maryland law codes and therefore have cases to answer. The first issue is on Jim Brandy, captured in possession of an unregistered gun. It is demonstrated in the Maryland Criminal law code section 4-203 that it is illegal to own a handgun without a valid permit and proper registration (Maryland, 2023). Mr. Brandy could face a possible charge of possession of illegal drugs according to the Maryland criminal law code section 5-601 (Maryland, 2023). As the facts present, Mr. Brandy possesses three glassine envelopes containing a white powder material in the right pocket of his jacket. The clarity on the illegality of the substance is not presented in the facts. Still, if the powder is identified to be illegal, then he could face the charges mentioned above.
Tom Wilson is also potentially answerable to numerous issues, as presented in the facts. First, Mr. Tom is identified as possessing a firearm (revolver) without a permit. According to Maryland Criminal Law Code section 4-203, owning a gun without proper registration and a valid permit is illegal (Maryland, 2023). It is outlined in the facts that the firearm in Mr. Wilson’s possession is not registered. Further, the facts demonstrate that the police recovered a drug prescription containing ten percent tablets from MR Wilson’s backpack which could see Mr. Wilson being potentially charged with possessing an illegal drug substance as presented in Maryland Criminal Law Code Section 5-402 (Maryland, 2023). The two individuals accessed Ms. Williams’s residence at odd hours without her consent, violating Code Section 6-408 of the law.
Rule
Possession of Firearm without Permit
Maryland Criminal Law Code Section 4-203 states that a person may not carry or transport a firm without legal permits (Maryland, 2023). Firearms are classified as Title Two weapons; thus, individuals possessing firearms must legally do so (Andrade et al., 2020). Both Mr. Brandy and Wilson are found in possession of unregistered fire harms without valid permits and thus are in possession of illegal, unregulated firearms.
Possession of a Dangerous Substance
According to Maryland Criminal Law Code Section 5-402, the unlawful possession of substances and drug prescriptions is coined as a serious criminal offense (Maryland, 2023). Possession of illegal drugs is further termed a serious crime under criminal law in various jurisdictions (Greer al, 2022). Mr. Wilson and Brandy are found in possession of illegal drugs, thus violating the above section of Maryland law.
Maryland Criminal Law Code Section 6-408: Tress pass
Valid Permits for Firearms
Maryland Criminal Law Code Section 5-306: Wear, carry, or transport a handgun
Maryland Criminal Law Code Section 5-301: Carry, wear, or transport a firearm
Illegal Possession of Firearms
Maryland Criminal Law Code Section 4-204: Possession of a firearm by unqualified individuals
Analysis
Possession of Firearms without Permits
There are stipulated rules and regulations in the Maryland criminal law that regulate firearms possession, including handguns and revolvers. From the facts presented, Mr. Brandy and Wilson were found to possess unregistered firearms and therefore have violated the Maryland Criminal Law Code Section 4-203 (Maryland, 2023). They should therefore face the law and the legal consequences.
Possession of Illegal Drugs and Substances
Jim Brandy is found in possession of a white power substance; if the substance found in Jim Brandy’s possession turns out to be an illegal drug or substance, then Mr. Brandy could face criminal justice as stated on the Maryland Criminal Law Code Section 5-402 (Maryland, 2023). On the other hand, Tom Wilson is also caught in possession of a drug prescription bottle containing ten Percocet tablets. The law clarifies in Maryland Criminal Law Code Section 5-402 that if the drugs contained in the bottle are not prescribed for Mr. Tom, he could be charged with a criminal offense of possessing illegal and dangerous drugs.
Trespass
Jim Brandy and Tom Wilson are caught in Ms. William’s living room at 5: AM. The two individuals accessed Ms. Williams’s residence at odd hours and without her permission, violating the Maryland Criminal Law Code Section 6-408 of property tress pass and theft (Maryland, 2023). They should face criminal law accordingly.
Conclusion
Based on the facts, Tom Willson and Jim Brandy have violated multiple Maryland criminal law codes. They both potential face charges of tress passing into private property and theft. Jim Brandy could face charges of owning an illegal and unregistered handgun, and he could further face charges of substance abuse if the drug substance found in his possession is illegal. Tom Wilson could face several charges, including possessing illegal drugs and firearms without a permit. It is obvious that the two individuals have committed serious criminal offenses as per Maryland law and should face legal consequences.
References
Andrade, E. G., Hoofnagle, M. H., Kaufman, E., Seamon, M. J., Pah, A. R., & Morrison, C. N. (2020). Firearm laws and illegal firearm flow between US states. The Journal of Trauma and acute care surgery, 88(6), 752. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7799862/
Greer, A., Bonn, M., Shane, C., Stevens, A., Tousenard, N., & Ritter, A. (2022). The details of decriminalization: designing a non-criminal response to possessing drugs for personal use. International Journal of Drug Policy, 102, 103605.https://doi.org/10.1016/j.drugpo.2022.103605
Maryland C. (2023). Criminal law. https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCodeCourtRules?guid=N958DC5209B6511DB9BCF9DAC28345A2A&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)&bhcp=1
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