Disqualified?

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  • casmith09

    Member
    Jul 24, 2012
    75
    Catonsville
    So here's my story...

    bought a handgun in MD 2-3 years ago. When I filled out my app I put No to arrest, charge, convicted. This was a mistake it should have been YES to arrest and charge but NO to convicted (PBJ). I called MSP and talked to them, letting them know I didn't intentionally lie... They reviewed my app over the phone and asked about the arrest (possession/paraphernalia) only got changed with paraphernalia though and that was PBJ when I was 20 (got the gun when I was 27....they said it wouldn't be a problem. However today when I went to the gun show they said if you answer yes to any of those they won't submit the app to MSP....I called MSP and they said the approve/deny was based on what jail time you "could have had" and it doesn't necessarily disqualify you. I don't want to lie on the app but two gun stores are saying they won't submit if you been arrested (and got PBJ) and MSP says its fine however is the FFL's choice...but you can't go to MSP to buy a gun.

    My friend is the in the same boat but his arrest was pre18 years old. Again he doesn't want to lie but the FFl's are saying no while MSP is saying it’s ok (based on the charge)...

    what to do? He wants a handgun and I want an Hbar AR....
     
    Last edited:

    Gbh

    Ultimate Member
    Nov 25, 2012
    2,260
    ..but you can't go to MSP to buy a gun.

    Maybe you should consider purchasing from a Private seller doing the FTF transfer at a MSP Barricks. At least you can get the form submitted, hopefully.
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    Sounds like the FFL's dont want to sell a gun to a criminal...even if it was minor and even it was a few years ago...likely nothing to do with MSP's policy.
     

    madness3120

    Banned
    BANNED!!!
    Apr 4, 2012
    840
    If MSP says your good to go and there the ones who make the call whether to deny or approve. Whats the problem?
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    You are disqualified in MD for anything REGULATED till you get it expunged.

    Under what?

    He doesnt have a conviction for punishment greater then 2 years. He has PBJ's and even a conviction on the drug paraphanila (sp) charge wouldnt disqualify him AFAIK it likely carries no jail time.
     

    scottp999

    Active Member
    Feb 11, 2008
    222
    Remind me, what is the exact question on the form?

    If the question is if you have been arrested for anything that has a penalty of more than a year, or more than 2 years in jail, then I think paraphernalia is just a misdemeanor with only a fine, no jail time for a conviction of a first offense. If you got a pbj then it's not a conviction and you were not arrested for anything with a sentence possibility of more than a year.

    So why do you think you can't answer no to the question?

    Depends on the exact wording on the form, and if it was a first offense for that specific charge: http://norml.org/laws/penalties/item/maryland-penalties-2

    Don't trust that site, go look at the current code.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,031
    Elkton, MD
    Under what?

    He doesnt have a conviction for punishment greater then 2 years. He has PBJ's and even a conviction on the drug paraphanila (sp) charge wouldnt disqualify him AFAIK it likely carries no jail time.

    Seen is countless times. You guys can say Im wrong all you want. Its what they do all the time for things just like this.

    The MSP will deny a PBJ Conviction.
     

    BenL

    John Galt Speaking.
    I can see their point of view- selling guns to law abiding citizens (no offense) is already a hassle; why voluntarily give yourself an unnecessary headache?

    The question is "have you ever been arrested...". Despite working out the issue with MSP, the answer is still yes.
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    He's not really prohibited MSP just doesnt like his answer.

    Get an attorney and get it expunged.

    There's pleny of police with PBJ's for prohibited offenses and they carry their guns....
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,007
    Harford County
    A PBJ is not a conviction, as long as the probation period is up he should be good to go. An expungement would probably be a good thing to get anyway.
     

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