Have you ever been ARRESTED for a violation of any criminal law?

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  • Sundazes

    My brain hurts
    MDS Supporter
    Nov 13, 2006
    21,304
    Arkham
    Does anybody have any recommendations on an attorney who is knowledgeable in this area? Perhaps if I can get something in writing from one. If I enter "no" on the application and am later charged with perjury, then perhaps I could refer to my attorney's advice.

    One of then has already commented in this thread. I think the "I have a client...ccw..." should be a good clue. PM him. (FABSBROMAN) I don't mean to be a smart a$$, but I couldn't resist.

    There are a couple good 2A attorneys on here. Look in the IP section.
     

    A1Uni

    Ultimate Member
    Aug 28, 2012
    4,842
    lol - because sometimes the source has no idea what it is talking about. For example, let's take the "source's" position on stripped lowers. They were illegal on October 1, 2013, now magically they are legal. Granted, the magic came at the hands of Engage and Engage's legal team.

    The "source" used to say that a .22 rimfire that looked like an AR-15 was a copycat weapon. That is until the Attorney General issued an opinion that contradicted the "source".

    I hear you, and contacting the MSP is a good place to start and it is what I initially advised. Then, if you don't like the answer or want a second opinion, contacting an attorney is a good next step. Of course, make sure the attorney knows what he is talking about, just like there are some FFL's out there that have no clue about firearms. Then again, how would somebody going to an attorney, have a clue that the attorney does not know what he is talking about, since the entire reason the person is seeking the advice of an attorney is because the person does not know the subject matter? lol


    Since "The Source" was the entity enforcing the laws at the time each of those questions were asked, and so essentially gave the correct answers as to how the law would be applied, at that time, notwithstanding later changes of opinion, the answers they gave were correct.

    To see what will happen now, I stand by my original suggestion. ;)
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Maybe.

    We have at least two different answers, within a week, about whether you can build a banned configuration on a stripped lower purchased prior to Oct 1, 2013.
     

    TopTechAgent

    Active Member
    MDS Supporter
    Nov 30, 2012
    991
    Mooresville, NC
    An easy way to check your record is to go to Maryland Judiciary's website and do a case search with your name. If something has been expunged, it should not show up.

    http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp

    Brochure on expungement:

    http://www.mdcourts.gov/courtforms/joint/ccdccr072br.pdf

    For the benefit of anyone reading the brochure and having fantasies that the expungement process will go as outlined in the brochure.

    Quoted from the brochure:

    "If the State’s Attorney and the law enforcement agencies do not object within 30 days of receiving the petition, the court shall pass an order requiring the expungement of all police and court records about the charges. The court will notify you that your petition has been granted or denied."

    I can tell you that this is not how it worked for me. It took me many months just to get the determination. When I called to let them know that since they were past their 30 days to respond to the petition that this meant automatic expungement I was told that "We are Baltimore City, we can't do it that fast, and we take longer"

    My expungement (for the most silliest charge) took 9 months.

    I guess Baltimore City is special like that. :sad20:
     

    BlackBart

    Banned
    BANNED!!!
    Mar 20, 2007
    31,609
    Conewago, York Co. Pa.
    Does anybody have any recommendations on an attorney who is knowledgeable in this area? Perhaps if I can get something in writing from one. If I enter "no" on the application and am later charged with perjury, then perhaps I could refer to my attorney's advice.

    I do but you took his advice adversely on this very thread therefore he will charge you triple. :)

    Now, how bad do you want it?
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll

    I was wondering the same thing. How anonymous can an e-mail really be if the power that be, in this case the Maryland State Police, really wanted to track the user down.

    I guess he could have made a brand new e-mail address at the local library and then only check it from that library computer. I guess it is possible to send an anonymous e-mail, just highly improbable.
     

    BIGCHRISS197

    Active Member
    Jul 4, 2013
    270
    I have been arrested and charged and answered yes to both on my application. I included in my packet my expungement paperwork and now have my carry permit.
     

    INMY01TA

    Ultimate Member
    Dec 29, 2008
    5,816
    Just so people know, an arrest may not show up on Casesearch but can still show up on a background check.
     

    Dogabutila

    Ultimate Member
    Dec 21, 2010
    2,359
    lol - because sometimes the source has no idea what it is talking about. For example, let's take the "source's" position on stripped lowers. They were illegal on October 1, 2013, now magically they are legal. Granted, the magic came at the hands of Engage and Engage's legal team.

    The "source" used to say that a .22 rimfire that looked like an AR-15 was a copycat weapon. That is until the Attorney General issued an opinion that contradicted the "source".

    I hear you, and contacting the MSP is a good place to start and it is what I initially advised. Then, if you don't like the answer or want a second opinion, contacting an attorney is a good next step. Of course, make sure the attorney knows what he is talking about, just like there are some FFL's out there that have no clue about firearms. Then again, how would somebody going to an attorney, have a clue that the attorney does not know what he is talking about, since the entire reason the person is seeking the advice of an attorney is because the person does not know the subject matter? lol

    Theoretically if you can prove that you only did it because the police said it was okay to, then that's entrapment. You wouldn't have broken the law otherwise, and you wanted to make sure something was okay to do. They said it was,

    As described in United States v. Howell,[23] the defense "applies when, acting with actual or apparent authority, a government official affirmatively assures the defendant that certain conduct is legal and the defendant reasonably believes that official".
     

    HeatSeeker

    Ultimate Member
    Jun 18, 2012
    3,058
    Maryland
    The problem here is that if you have been arrested before and answer "No", then you are not being truthful. The question simply asks if you have ever been arrested? There is only one truthful answer...yes or no. Expungemen really only hides it from public eye. Advice I have received in the past is that they are looking for honesty, so if you have been arrested before then answer yes and give your explantion because answering no is basically lyng. I have also been told that an FBI background check will show expungements that will not show up on MD case search. They have access to much more than we do. So with this being said my answers to the big 3 (arrested, charged, convicted) are yes, yes, no. I have been 100% honest about this on my CCW applications and have recived my initial permit as well as renewal.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,174
    Outside the Gates
    The problem here is that if you have been arrested before and answer "No", then you are not being truthful. The question simply asks if you have ever been arrested? There is only one truthful answer...yes or no. Expungemen really only hides it from public eye. Advice I have received in the past is that they are looking for honesty, so if you have been arrested before then answer yes and give your explantion because answering no is basically lyng. I have also been told that an FBI background check will show expungements that will not show up on MD case search. They have access to much more than we do. So with this being said my answers to the big 3 (arrested, charged, convicted) are yes, yes, no. I have been 100% honest about this on my CCW applications and have recived my initial permit as well as renewal.

    I believe this is the correct answer.
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,768
    Fabsroman, I am new to this site. I regret that you feel that you must attack me by calling me a troll and a plant. That's not very kind of you in response to my first post. Everybody has had a first post here at one point.

    Moving on. The MSP isn't our friend and not here to serve our best interests. I am not certain that they would provide an answer that wouldn't benefit their agency.

    If you actually read his post, this is what Fabsroman said;

    'Now you are just begging to be called a troll, plant, or what have you.'

    He was commenting on your potential, not your actual. Don't be so sensitive. BTW, the MSP is not an enemy here. Many of them disagree with the current gun laws but their job and oath require them to uphold the law, not choose which ones to uphold. Perhaps do a SEARCH of your question and you will find previous discussions about it; there's also many discussions about the MSP and how helpful they can be.....
     

    spikelee

    Member
    Oct 3, 2014
    10
    As you may remember, I sent the MD State Police an anonymous email asking them about this. Their response was:

    "Answer the questions as you feel you should answer them. If you want, you may submit your expungement paperwork to show why you answered the questions one way or the other."

    I don't think it can be any more cryptic than that. They're basically saying, do what you think is best. We'll just have you arrested and charged if we disagree.

    Again, this reaffirms my belief that the MSP are not there for our best interests.
     

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