Disqualified?

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    Guess the other app with arrest,charge, convicted is only for carry?

    no.. there is md registry/regulated/hangun form.. 77

    the form from attached pdf is the atf nics check.
     

    amoebicmagician

    Samopal Goblin
    Dec 26, 2012
    4,174
    Columbia, MD
    do you have any idea how fast the NRA lawyers would jump on that crap if you could be disallowed just for being arrested but not convicted? The police can really arrest you for whatever they want, I've seen people that have pissed them off be taken in for "failure to obey" or other such crap and then let go without charges. You are not guilty of a crime until FOUND guilty (convicted) in a court of law. To disallow everyone who was arrested but not convicted is to invalidate the entire justice system, and saying that the police are right 100% of the time regardless what the court says.

    The police have jack doodley to do with you being approved (other than actually being the one to approve you), it's the COURT that has the say so- if you're convicted, you're prohibited, if you're not, have fun buying your guns because that's the same as saying the state was wrong to have arrested you in the first place.
     

    casmith09

    Member
    Jul 24, 2012
    75
    Catonsville
    gmhowell said:
    Had this problem all the time when I was a teacher. Answer the question that is asked, not the question you think you were asked.

    I was:
    arrested -yes
    Ffl - said then no
    MSP-says yes
    I'm basing this on what the ffls said and what I thought the form said. The fll said if you have ever been arrested then no handgun.

    I come here because it seems people know what they are talking about so it does get confusing when your told differently from the place your trying to give lots of money to
     

    casmith09

    Member
    Jul 24, 2012
    75
    Catonsville
    amoebicmagician said:
    do you have any idea how fast the NRA lawyers would jump on that crap if you could be disallowed just for being arrested but not convicted? The police can really arrest you for whatever they want, I've seen people that have pissed them off be taken in for "failure to obey" or other such crap and then let go without charges. You are not guilty of a crime until FOUND guilty (convicted) in a court of law. To disallow everyone who was arrested but not convicted is to invalidate the entire justice system, and saying that the police are right 100% of the time regardless what the court says.

    The police have jack doodley to do with you being approved (other than actually being the one to approve you), it's the COURT that has the say so- if you're convicted, you're prohibited, if you're not, have fun buying your guns because that's the same as saying the state was wrong to have arrested you in the first place.

    I agree just freaked me out when 2 ffls tell you the same thing
     

    CypherPunk

    Opinions Are My Own
    Apr 6, 2012
    3,907
    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.

    Plus it's a sellers market. Why waste your time on any questionable answer(s) when the line to buy firearms is 3 or more deep?
     

    Wojo

    What's that Smell
    May 8, 2012
    2,488
    Wrong side of the Potomac
    geeezzzz here are the questions from my forms from a month or so ago
     

    Attachments

    • photo (800x600).jpg
      photo (800x600).jpg
      95.3 KB · Views: 241
    • photo_1 (800x600).jpg
      photo_1 (800x600).jpg
      99.9 KB · Views: 242

    casmith09

    Member
    Jul 24, 2012
    75
    Catonsville
    snallygaster said:
    It seems the confusion is with the 77r, can someone post?

    Also, to the OP, why are you completing the Maryland 77r anyway? It sounds like you're trying to purchase an non-regulated firearm?

    I mean the non reg isn't the last gun I'm buying :)

    Plus buddy wants a handgun but his arrest was pre18 so asking for him.
     

    Cordite

    Active Member
    Mar 28, 2009
    504
    Timoniumland
    BTW, when you file the expungement papers and pay the fee, the court clerk gathers all the info and notifies all the appropriate police/other agencies who had any hand in the case. The State's Attorney is given the opportunity to contest the expungement at a hearing, and if that objection by the SAO is upheld by the judge, (IF the SAO objects to the expungement) the expungement is denied. If not, and the judge signs the expungement order, then all appropriate agencies have a set period of time to destroy all references to the case in their possession and to certify to the Court that they have done so. Certain issues can arise impacting this, such as if one charge in a multiple count case is or is not subject to expungement, etc. After certification to the Court that all information regarding the expunged case has been removed and destroyed, that case is technically non-existent. It is removed from all record systems, physical and electronic. The Court keeps all paper records under seal and locked in a separate records room and access can only be made via a judge's Court order. However, there is one law enforcement agency who will never expunge a record and that is the FBI.

    If you have a case and any part of that was sent to the FBI, they still have it, expunged or not.

    That's a thumbnail sketch of how it works.
     

    gmhowell

    Not Banned Yet
    Nov 28, 2011
    3,406
    Monkey County
    I was:
    arrested -yes
    Ffl - said then no
    MSP-says yes
    I'm basing this on what the ffls said and what I thought the form said. The fll said if you have ever been arrested then no handgun.

    I come here because it seems people know what they are talking about so it does get confusing when your told differently from the place your trying to give lots of money to

    It does seem a little odd. There is certainly a category of FFL (in practice, not according to ATF) who are very staunch law and order types. Anything even slightly hinky, and they won't want to deal with you. Further, plenty of this type will view themselves as duty bound to prevent a possible criminal type from getting a gun.

    Keep in mind going forward that not all FFL's are experts on the law. Nor are law enforcement. Or even attorneys. Gun laws are their own things and it pays to do research.
     

    Users who are viewing this thread

    Forum statistics

    Threads
    274,930
    Messages
    7,259,483
    Members
    33,350
    Latest member
    Rotorboater

    Latest threads

    Top Bottom