Pettyjohn takes deal in Maryland gun case
A state senator facing felony gun charges after he tried to board an airplane with a handgun in a carry-on bag, took a plea deal Sept. 29 in Maryland.
Sen. Brian Pettyjohn, R-Georgetown, faced a felony charge of firearm, explosive on aircraft and a misdemeanor charge for handgun on a person. The charges stemmed from a June 22 incident in Salisbury when airport officials found a loaded Smith & Wesson 9mm semiautomatic handgun in Pettyjohn’s laptop bag during a security check.
Pettyjohn's defense attorney John K. Phoebus said the felony gun charge was dismissed, and on the misdemeanor charge, Pettyjohn entered an Alford plea, a guilty plea in which the defendant does not admit to a criminal act and asserts innocence. He also received probation before judgement with 18 months of unsupervised probation. Pettyjohn voluntarily forfeited his handgun to the Wicomico County Sheriff's Office, Phoebus said. “We agreed to give it up,” he said.
However, he said, Pettyjohn's permit to carry a concealed weapon for Delaware remains valid, and he is allowed to have weapons.
“Sen. Pettyjohn's case was resolved without an admission of guilt, without a criminal conviction and without even a criminal fine,” Phoebus said.
Still, Richard Brueckner Jr., senior assistant state's attorney for Wicomico County, said Pettyjohn did not get special treatment because he is a state senator.
Brueckner said he handles a dozen cases a year involving someone carrying a concealed weapon in Maryland with a permit from another state. He said Maryland is one of the few states that do not offer reciprocity for people who have a concealed-carry permit from another state. Only Maryland residents can apply for a permit to carry a concealed weapon in Maryland.
Brueckner said truck drivers driving through Maryland often face handgun charges similar to what Pettyjohn faced. He said a truck driver from outside Maryland stops at a weigh station and declares the weapon and permit to police. Since Maryland does not recognize concealed permits from out-of-state, Brueckner said, the truck driver is then charged with a handgun violation, similar to Pettyjohn.
“He was treated just like any other first-time offender,” Brueckner said. “I treated him just like I would've treated a truck driver.”
Pettyjohn was preparing to fly to a conference in New Orleans when, he said, he inadvertently left the weapon in a carry-on bag. According to Federal Aviation Administration officials, a person who travels with a gun must put it in luggage that is checked in.
Pettyjohn, who has a clean record and no prior convictions, said he made an honest mistake when he forgot to put his handgun in luggage for check-in.
“I’m thankful for the professionalism of all parties involved, including my counsel John Phoebus,” Pettyjohn said in a statement released Sept. 29. “My family and I are happy that this is now behind us, and I look forward to continuing to work for and represent the people of the 19th Senate District.”
The Maryland District Court Commissioner originally filed the felony charge against Pettyjohn, an offense punishable by up to 10 years in prison, but the case was eventually moved to Maryland Circuit Court, and the misdemeanor handgun charge was added.
Besides criminal charges from local law enforcement, Lisa Farbstein of the Transportation Security Administration said individuals who bring firearms to the checkpoint are subject to possible civil penalties from TSA of up to $12,000. Typically a first offense for bringing a firearm to a checkpoint is $3,000, she said. Phoebus said Pettyjohn has not been informed of any fines by the FAA.
Farbstein said passengers can travel with a firearm if they do it the right way – in a checked bag, never in a carry-on bag, she said. TSA has details on how to properly travel with a firearm posted on its website: www.tsa.gov/traveler-information/firearms-and-ammunition. Airlines may have additional requirements for traveling with firearms and ammunition. Travelers should also contact their airline regarding policies on firearms and ammunition.
